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Anonymous users2024-02-12The friend was detained for several months for fighting, but the probation was less than a year, and if he committed another crime, of course, the sentence would be increased. Even if the crime is not known, it is not a reason to be exempted from punishment. Before the suspended sentence is completed, he will be immediately returned to prison, and sentenced to a new offense in accordance with law.
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Anonymous users2024-02-11The first paragraph of Article 77 of the Criminal Law of the People's Republic of China stipulates that if a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made on the newly committed crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of Article 69 of this Law.
The first paragraph of Article 69 of the Criminal Law provides: "Where a person commits multiple crimes before the judgment is announced, except where the death penalty or life imprisonment is imposed, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release shall not exceed three years, the maximum short-term detention shall not exceed one year, and the maximum fixed-term imprisonment shall not exceed 20 years." ”
Because a suspended sentence means that there is no imprisonment and no detention, which is equivalent to the original sentence not being executed, if a new crime is committed during the probation period, the punishment will be combined according to the number of crimes committed before the sentence.
Legal basis: Article 77, Paragraph 1 of the Criminal Law of the People's Republic of China [Revocation of Suspended Sentences and Their Disposition] Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the judgment is announced, the suspended sentence shall be revoked, a judgment shall be made for the new crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law.
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Anonymous users2024-02-10Probation is a one-year sentence for a repeat offender who meets the conditions for probation. For criminals sentenced to short-term detention or up to three years imprisonment, based on the circumstances of the criminal's crime and expressions of remorse, if the application of a suspended sentence will no longer endanger society, Toshi-eda may announce a suspended sentence.
[Legal basis].Article 72 of the Criminal Law of the People's Republic of China.
Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The circumstances of the crime are relatively minor;
2) Showing remorse and pretending;
3) There is no risk of recidivism;
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.
If a criminal who has been given a suspended sentence is sentenced to an additional sentence in the hall, the additional sentence must still be enforced.
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Anonymous users2024-02-09If a suspended sentence is imposed.
Will not be in custody.
If a judgment has been made and no crime is committed during the probation period, the execution shall be deemed to have been completed at the end of the sentence.
Article 76 of the Criminal Law: [Probation of Suspended Sentences and Their Positive Consequences]For criminals who have been given a suspended sentence, community corrections are to be carried out in accordance with law during the probationary period of the suspended sentence, and if there are no circumstances provided for in article 77 of this Law, the probationary period of the suspended sentence is completed, and the original sentence is no longer enforced, and it is to be publicly announced.
Article 77: [Revocation of Suspended Sentences and Their Disposition]Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the newly committed crime or newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law.
Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in the people's court's judgment, and the circumstances are serious.
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Anonymous users2024-02-08If you are sentenced to criminal detention, you can apply for a suspended sentence. Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: the circumstances of the crime are relatively minor; Wait.
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Anonymous users2024-02-0733 days must be criminal detention, as long as it is not sentenced by the court, it will not be sent to prison, and if the criminal detention is transferred to public security punishment, it will be troublesome.
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Anonymous users2024-02-06Hello, if you commit another crime during the probationary period of probation, the suspended sentence will be revoked, and the sentence that should be imposed for the new crime will be combined, Now that you have been detained for 33 days for fighting, has the other party caused more than minor injuries? Otherwise, you will not be detained for so many days, the maximum criminal detention is 30 days, plus the maximum period for submitting for arrest is 37 days, and now there is no release, it is estimated that the arrest is being submitted, if so, it will be based on whether you constitute a crime this time, as long as it constitutes a crime, the probation will be revoked,
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Anonymous users2024-02-05The maximum period of short-term detention is six months, and the specific application of sentencing standards needs to be determined by the judicial organs on the basis of the facts of the case. Where the requirements for a suspended sentence are met, a suspended sentence may be given.
Conditions for probation under the Criminal Code:
Article 72: [Applicable Requirements]Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The circumstances of the crime are relatively minor;
2) Expressions of remorse;
3) There is no risk of recidivism;
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
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