Is probation a criminal punishment? What is the maximum amount of probation I can take?

Probation is not a criminal punishment

A suspended sentence is a stay of execution after a conviction. Normally, the court will sentence a probationary period of probation. As long as the probationary period has elapsed and the offender has no relevant provisions for violating the law and suspended the sentence, the original sentence will not be enforced. To put it bluntly, there has been no criminal punishment.

Take probation sentences for criminal detention

Probationary period of probation for fixed-term imprisonment of not more than three years: The maximum is not more than five years above the original sentence, but the minimum shall not be less than one year

Provisions: Commutation is generally not applicable, but the sentence may also be commuted if there is a major meritorious service during the probationary period, and the probationary period of a suspended sentence is to be shortened accordingly. That is, the sentence can also be commuted, but the conditions for commutation are specific, that is, there must be "major meritorious service".

Related Cases

Criminal suspect Liu was criminally detained by the Xihu District Branch of the Hangzhou Municipal Public Security Bureau on suspicion of infringing on citizens' personal information, and was detained in the Xihu District Detention Center of Hangzhou City. After learning about the case, he actively communicated and followed up with the case-handling unit from the aspects of Liu's status, role, profits, and attitude after returning to the case. After submitting an application for release on bail pending further investigation and legal opinions to the case-handling authorities and conducting effective communication, he successfully obtained a decision for Liu to be released on bail pending further investigation.

Later, the case was tried on September 15, 2020 in the People's Court of Yuhang District, Hangzhou, and after the defense lawyer intervened in a timely manner and formulated a correct defense strategy, Liu was found by the court to be a serious crimeThe suspended sentence was obtained, which saved Liu from prison

Probation is not a criminal punishment. The probationary period of a suspended sentence is calculated from the date on which the judgment is determined. According to China's Criminal Law, there are strict provisions on the types of punishments, including the main punishment and supplementary punishment, the main punishment includes public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, and the death penalty, and the supplementary punishment includes fines, deprivation of political rights and confiscation of property, which does not include suspended sentences.

Therefore, probation is not a criminal punishment. The probationary period of a suspended sentence of short-term detention is not less than one year but not less than two months. The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years above the original sentence, but must not be less than one year.

[Legal basis]:

Article 72 of the Criminal Law of the People's Republic of ChinaSuspended 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 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 a supplementary sentence, the additional sentence must still be enforced.

Article 74: Suspended sentences are not to be applied to recidivists and ringleaders of criminal groups.

The above is in response to the question "Is probation a criminal punishment?" What is the maximum amount of probation I can take? I hope it will be helpful to you.

A suspended sentence is a form of execution of a criminal punishment and is still subject to criminal punishment. According to the provisions of the Criminal Law, a suspended sentence may be declared 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 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; Showing remorse; There is no danger of recidivism; The probation is not pronounced with significant adverse effects on the community in which it resides.

Extended information: What to do after a suspended sentence.

1. Suspended sentences are called suspended sentencing, also known as suspended sentencing, and refers to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not to enforce the sentence given. A system in which the community and public security organs conduct an inspection of the convict during the probationary period, and decide whether to apply a specific punishment in accordance with law based on the convict's performance during the probationary period.

2. After a suspended sentence is imposed, the court will issue an enforcement notice and report it to the Judicial Bureau with the enforcement notice, and the Judicial Bureau will issue a report sheet and go to the specific judicial office with the report form to receive community corrections. After the correction is completed, a notice of release from the correction will be issued, and the correction is completed, which is equivalent to the completion of the sentence.

Suspended sentences are a type of criminal punishment and are subject to a maximum period of five years under the law.

Legal Analysis: Probation is not a criminal punishment. China's Criminal Law has strict provisions on the types of punishments, including the main punishment and supplementary punishment, the main punishment includes public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, and the death penalty, and the supplementary punishment includes fines, deprivation of political rights, and confiscation of property.

Probation is not included. Therefore, probation is not a criminal punishment.

Legal basis: Criminal Law of the People's Republic of China

Article 32: Punishments are divided into principal and supplementary punishments.

Article 33: The types of principal punishments are as follows:

1) Controlled release, (2) Short-term detention, (3) Fixed-term imprisonment, (4) Life imprisonment, and (5) death penalty.

Article 34: The types of supplementary punishments are as follows:

1) Fines, (2) Deprivation of political rights, and (3) confiscation of property.

Supplementary sentences may also be applied independently.

Legal Analysis: Probation is not a criminal punishment. China's Criminal Law has strict provisions on the types of punishments, including the main punishment and supplementary punishment, the main punishment includes public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, and the death penalty, and the supplementary punishment includes fines, deprivation of political rights and confiscation of property.

Probation is not included. Therefore, probation is not a criminal punishment.

Legal basis: China Air Qi Oak People's Republic of China and the Criminal Law of the People's Republic of China

Article 32: Punishments are divided into principal and supplementary punishments.

Article 33 The types of principal punishments are as follows:

1) Controlled release, (2) Short-term detention, (3) Fixed-term imprisonment, (4) Life imprisonment, and (5) death penalty.

Article 34: The types of supplementary punishments are as follows:

1) Fines, (2) Deprivation of political rights, and (3) confiscation of property.

Supplementary sentences may also be applied independently.

Probation is not a criminal punishment. Suspended sentence refers to the system of conditionally not carrying out the sentence imposed on a convict who has been sentenced to a certain penalty for a certain period of time, and is a suspension of the execution of the criminal punishment, and its enforcement form is that the perpetrator who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment is first declared convicted, and the sentence given is temporarily suspended. Therefore, probation is not a punishment, but a punishment in which the execution party is executed.

1. After the verdict was suspended for three or four days, the procuratorate asked whether he had left the area.

During the period of probation, they are not allowed to leave their place of residence, and they should ask for leave if they have any problems. Suspended sentence refers to the system of conditionally not enforcing the sentence imposed on a convict who has been sentenced to a certain sentence for a certain period of time, and is a suspension of the execution of the criminal punishment, and its enforcement form is to announce the conviction in advance and temporarily suspend the execution of the sentence imposed on the perpetrator who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished.

2. What is meant by a one-year fixed-term prison sentence with a two-year probation?

One year imprisonment with a two-year suspended sentence refers to a suspended sentence, and after the two-year period is completed, the original sentence does not need to be enforced for one year.

The premise is that no more offenses can be committed within two years, otherwise the suspended sentence will be revoked and a one-year fixed-term imprisonment will be served. The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.

Suspended sentence refers to the system of conditionally not enforcing the sentence imposed on a convict who has been sentenced to a certain sentence for a certain period of time, and is a suspension of the execution of the criminal punishment, and its enforcement form is to announce the conviction in advance and temporarily suspend the execution of the sentence imposed on the perpetrator who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished. A suspended sentence is not a punishment, but a form of execution. Suspended sentences and suspended death sentences are very different concepts that need to be understood and applied.

3. How many years can a probation case be revoked.

The probation record will not be revoked for many years. Because although a suspended sentence is imposed, it still constitutes a crime, but the punishment is not actually enforced, so the sentencing of a suspended sentence is the same as the actual sentence of a suspended sentence with a criminal record, which means that the perpetrator who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment is first convicted and the sentence given is not to be executed for the time being. A system in which a specific probation body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law based on the convict's performance during the probationary period.

Article 72 of the Criminal Code.

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 risk of recidivism;

4) The announcement of a suspended sentence has no major adverse effects on the community in which they live.