Can a guilty plea be given a suspended sentence, and can a guilty plea be given a suspended sentence

The odds of a guilty plea and probation are as follows:The probability that the suspect will plead guilty and be given a suspended sentence is actually unlikely. Because only those who meet certain conditions, such as women who are under the age of 18 and are pregnant, and those who are over 75 years old, as well as some cases where the crime is low and sincere repentance, in most cases it is carried out normally, and China's law does not tolerate the existence of crime, so if a crime is committed, it must be punished.

Legal basis: Article 72 of the Criminal Law.

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) Expressions of remorse;

3) There is no danger of recidivism.

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

Whether a plea judgment can be given a suspended sentence needs to be judged on the basis of actual conditions, and the conditions for applying a suspended sentence are:

1. Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the requirements for a suspended sentence;

2. Where the circumstances of the crime are relatively minor, there are expressions of remorse, there is no danger of recidivism, and the announcement of a suspended sentence has no major negative impact on the community in which they live, a suspended sentence may be announced;

3. Persons under the age of 18, pregnant women, and persons who have reached the age of 75 shall be given a suspended sentence.

Article 72 of the Criminal Law of the People's Republic of China: Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if the following conditions are met 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 danger 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 a supplementary sentence, the additional sentence must still be enforced.

Plea of guilt and acceptance of punishment is a mitigating circumstance. However, whether a suspended sentence can be given depends on the circumstances of the crime, and where a sentence of short-term detention or up to three years imprisonment is given, a suspended sentence may be declared if the application of a suspended sentence does not endanger society.

Admission of guilt refers to the voluntary and truthful confession of one's own crimes by a criminal suspect or defendant

OK, the facts and contents of the main crimes charged by the public prosecution.

There was no objection to the charge and an affidavit was signed. Acceptance of punishment means that the criminal suspect or defendant has no objection to the type and range of punishment recommended by the procuratorate, or the method of enforcing the punishment. Whether or not they actively returned stolen goods or made restitution, took the initiative to pay fines, and actively compensated victims for their losses are also important criteria for assessing criminal suspects or defendants' acceptance of punishment.

So can a guilty plea be given a suspended sentence? Plea of guilt and acceptance of punishment is only a circumstance for a lighter punishment, and it is not even an important circumstance, and it is mainly determined by the type of crime and the circumstances of the crime. For the crime of intentional homicide, it is also impossible to give a suspended sentence if you admit guilt and accept punishment.

Article 72 of the Criminal Law: A suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met 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 danger of recidivism. 4) The probation is declared to have no significant adverse impact on the community in which the person resides.

Legal analysisProbation is subject to court decisions. To know whether to take a suspended sentence before the age of the worm **, there are generally two ways to obtain it.

First, it is known according to the procuratorate's sentencing recommendation. In most cases, the sentencing result of the court's judgment is usually within the range of the procuratorate's sentencing recommendation and does not deviate too much. The procuratorate's sentencing recommendation is a suspended sentence, and generally speaking, the court will give the procuratorate's sentencing opinion, especially in the case of admitting guilt and accepting punishment, the court will basically give the procuratorate's sentencing recommendation and impose a suspended sentence.

In this case, you can know before the trial that the court will impose a suspended sentence, and there is basically no problem.

Legal basis"Criminal Procedure Law of the People's Republic of China" Article 201 In plea cases, when the people's court makes a judgment in accordance with law, it shall generally make the charges and sentencing recommendation of the people's procuratorate, except in the following circumstances: (1) the defendant's conduct does not constitute a crime or should not be pursued for criminal responsibility; (2) The defendant admits guilt and accepts punishment against his will; (3) The defendant denies the facts of the crime as charged; (4) The charges in the indictment are inconsistent with the charges found at trial; (5) Other circumstances that might impact the fairness of the trial.

Where upon trial, the people's court finds that the sentencing recommendation is clearly improper, or the defendant or defender raises objections to the sentencing recommendation, the people's procuratorate may adjust the sentencing recommendation. Where the people's procuratorate does not adjust the sentencing recommendation, or after adjusting the sentencing recommendation, it is still clearly improper, the people's court shall make a judgment in accordance with law.