Don t probationers go to jail, don t you have to go to jail on probation

"Suspended sentence" refers to a system whereby an actor who has already violated the relevant provisions of the Criminal Law and is found to have indeed constituted a crime through the legal procedures of the judicial organs and should be punished by a criminal punishment is temporarily not to be executed for the time being, even though he has already been convicted in advance. In accordance with the provisions of the Criminal Law, the perpetrator who has been sentenced to a suspended sentence will be examined by a specific investigation body within a certain period of probation, and based on the actor's performance during the probationary period, a decision is made in accordance with law on whether to continue to apply the specific punishment, and if the perpetrator who has been given a suspended sentence has not violated the relevant provisions of the suspended sentence during the probationary period, then the original court may no longer enforce the sentence imposed by the perpetrator after the probation period is completed. However, it should be noted that even if the criminal punishment does not need to be executed, there will still be a record of the criminal punishment in the personal information, that is, the case record, which will have an adverse impact on the perpetrator's future study and work and political trial, which is also an important factor that many companies and enterprises will consider when hiring employees.

Article 76 of the Criminal Law of the People's Republic of China [The Test 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 a public announcement is to be made.

It is possible to avoid jail time if given a suspended sentence, but if a new offence is committed during the probation period or if an unidentified offence is discovered, the probation may be revoked. Those sentenced to a suspended sentence may not serve their sentence in prison, but may be sent to prison for enforcement if the law is violated during the period of probation.

Probationers do not need to go to jail.

Article 75 of the Criminal Law [Provisions to be Observed by Suspended Offenders] Criminals who have been given a suspended sentence shall comply with the following provisions:

1) Comply with laws and administrative regulations, and obey supervision;

2) Report their own activities in accordance with the provisions of the inspection organ;

3) Comply with the regulations of the inspection agency on receiving visitors;

4) Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval.

Those sentenced to probation are not required to go to jail during the probation period, but are subject to community discipline and are subject to prison if the sentence is not changed after the probation period.

1. What is probation?

Suspended sentences, the full name of suspended sentencing, 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.

II. Under what circumstances is a suspended sentence applied?

The Criminal Law clearly stipulates that 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 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.

Therefore, only defendants who meet the above conditions may be given a suspended sentence.

3. How long is the probation period?

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.

The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.

4. Provisions to be observed by probationers.

The Criminal Law stipulates that criminals who have been given suspended sentences shall abide by the following provisions:

1) Comply with laws and administrative regulations, and obey supervision;

2) Report their own activities in accordance with the provisions of the inspection organ;

3) Comply with the regulations of the inspection agency on receiving visitors;

4) Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval.

Legal Analysis: Depending on the circumstances, probation is a system of penalties with conditional non-execution. Although criminals who have been given a suspended sentence are not required to be sent to prison to serve their sentence during the probationary period of a suspended sentence, they shall comply with provisions, obey supervision, periodically report their activities to the investigating organ, and shall report to the investigating organ for approval if they leave the city or county where they live or relocate.

At the completion of the probationary period, if there is no violation of provisions, the original sentence is not to be enforced. If, during the probationary period, laws and regulations are violated or the public security department's provisions on the supervision and management of suspended sentences or injunctions, and the circumstances are serious, or a new crime is committed or a crime is discovered that was omitted before the verdict, the suspended sentence is revoked and the original sentence is to be returned to prison.

It can be seen that criminals who have been given probation are not required to be sent to prison to serve their sentences during the probationary period of probation. However, it is not as "the punishment is almost useless" and "useless" as everyone says. Criminals sentenced to probation are required to carry out community corrections in accordance with the law in addition to abiding by discipline and law during the probationary period of probation.

In case of disobedience or violation, the suspended sentence will be revoked and sent to prison for execution in a "minute", or worse, the sentence will be aggravated.

Legal basis: "Criminal Law of the People's Republic of China" Article 75: Criminals who have been given a suspended sentence shall comply with the following provisions:

1) Abide by the laws and regulations, administrative laws and regulations, and obey supervision;

2) Report their own activities in accordance with the regulations of the inspection agency;

3) Comply with the regulations of the inspection agency on receiving visitors;

4) Leaving the city or county where they live or relocating shall be reported to the inspection authority for approval.

Suspended execution can be carried out without jail time. In the case of a suspended sentence of fixed-term imprisonment, where no new harm has been caused to society during the period of probation, the original fixed-term imprisonment is not to be enforced after the period of probation.

However, if a new crime is committed during the probation period or a crime is found to have not been clarified, the probation may be cancelled and the sentence may be returned to prison for execution, that is, jailed.

Legal basis] Article 76 of the Criminal Law, community corrections are to be carried out in accordance with law for criminals who have been given a suspended sentence 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.

According to the provisions of the Pre-Sentence Liang Procedure Law, criminals are not required to go to prison to serve their sentences after being sentenced to probation. After criminals are given a suspended sentence by a people's court, community corrections are to be carried out in accordance with law, and the community corrections establishments are responsible for enforcement. As for the question of whether a suspended sentence requires jail time, I will answer it for you in detail below.

1. Probation requires no jail time

1. Those sentenced to probation do not need to go to prison. After criminals are given a suspended sentence by a people's court, community corrections are to be carried out in accordance with law, and the community corrections establishments are responsible for enforcement.

2. Legal basis: Article 269 of the Criminal Procedure Law of the People's Republic of China.

2. What are the conditions for a suspended sentence

The following conditions must be met for a general suspended sentence to apply:

1) The criminal is sentenced to short-term detention or up to 3 years imprisonment. The conditional non-enforcement of the original sentence of a suspended sentence determines that the target of a suspended sentence can only be applied to criminals who have committed relatively minor crimes. The severity of the crime is commensurate with the severity of the sentence imposed on the offender.

The reason why China's Criminal Code stipulates that the applicable objects of suspended sentences are criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than three years is because the crimes of these criminals are relatively minor and the harm to society is relatively small.

2) Based on the circumstances of the criminal's crime and expressions of remorse, it is found that the application of a suspended sentence will no longer endanger society. This is an essential condition for the application of probation. That is to say, although some criminals have been sentenced to short-term detention or fixed-term imprisonment of less than three years, the circumstances of their crimes and their expressions of remorse cannot show that they will no longer endanger society if they are not detained, and they cannot be given a suspended sentence.

3) Suspended sentences are not applicable to repeat offenders and ringleaders of criminal groups. Recidivists who persist in repeated offenses and have a deep subjective malice are at risk of recidivism, and it is difficult to prevent them from committing new crimes by applying a suspended sentence. Therefore, even if a repeat offender is sentenced to criminal detention or imprisonment for less than three years, a suspended sentence cannot be applied.

According to the provisions of the Criminal Procedure Law, a person who is sentenced to a suspended sentence does not need to go to prison. After criminals are given suspended sentences by the people's courts, community corrections are to be carried out in accordance with law, and the community corrections establishments are responsible for enforcement.

Whether probation is without jail time. Suspended sentence means that the perpetrator who has violated the criminal law and has been confirmed by legal procedures to have constituted a crime and should be punished by criminal punishment is convicted in advance, and the sentence imposed is not served for the time being. A system in which a specific investigation body conducts an inspection 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 75 of the Criminal Law of the People's Republic of China "Criminals who have been given a suspended sentence shall comply with the following provisions: (1) Abide by laws and administrative regulations and obey supervision; 2) Report their own activities in accordance with the provisions of the inspection organ; 3) Comply with the regulations of the inspection agency on receiving visitors; 4) Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval.

Probation does not necessarily require jail time. After the first-instance verdict is pronounced, there is no longer any need to detain criminals whose sentences have been suspended.

If the criminal is still in custody before the judgment takes legal effect, the first-instance trial court may first make a decision to modify the compulsory measures to residential surveillance or release on guarantee pending further investigation, and notify the relevant public security organs, and after the judgment has taken legal effect, the public security organs are to lawfully hand over the criminals to their units or basic-level organizations for investigation.

Probation is a system of conditional non-execution. Although criminals who have been given a suspended sentence do not request to be sent to prison to serve their sentence during the probationary period of a suspended sentence, they shall abide by the provisions, obey supervision, regularly report their activities to the investigating organs, and shall report to the investigating organs for approval if they leave the city or county where they live or relocate.

At the completion of the probationary period, if there is no violation of provisions, the original sentence is not to be enforced.

If, during the probationary period, laws and regulations or the public security department's supervision and management provisions or injunctions on probation are violated, and the circumstances are serious, or a new crime is committed or a crime is discovered that was omitted before the verdict, the suspended sentence is revoked and the person is returned to prison to enforce the original sentence.

Criminal Law of the People's Republic of China

Article 76: During the probationary period of a suspended sentence, criminals who have been given a suspended sentence are to be inspected by the public security organs, and the unit or basic-level organization to which they belong is to cooperate, 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 not to be enforced, and a public announcement is to be made. 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 new crime or the newly discovered crime, and the sentence for the previous crime and the subsequent crime shall be given.

Article 69: Decisions on the enforcement of criminal punishments. 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.