Under what circumstances should a person on probation and bail be taken into custody?

The so-called probation is not actually a type of punishment. It applies to defendants sentenced to fixed-term imprisonment of up to three years and criminal detention. A suspended sentence may be declared for the above-mentioned defendants if they meet both the four conditions of the crime being minor, showing remorse, not being in danger of committing the crime, and the announcement of a suspended sentence that has no major adverse impact on the community in which they live.

The probationary period of probation is usually specified when a probation sentence is announced. The probationary period is actually only a period prescribed by law, and it is an immutable statutory period. China's "Criminal Law" clearly stipulates that criminals who have been given a suspended sentence shall carry out community corrections 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 will not be enforced, and it will be publicly announced.

However, a suspended sentence cannot exist independently from the original sentence, so the end time of the suspended sentence is the end time of the probationary period. 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 and the sentence to be enforced shall be decided, and the sentence to be executed will be returned to prison for actual punishment. If, during the probationary period of probation, laws, administrative regulations, or the supervision and management provisions of the public security department on probation are violated, and the circumstances are serious, the suspended sentence shall also be revoked and the original sentence shall be enforced, and the person will also be sent to prison.

Legal basis: Article 77 of the Criminal Law of the People's Republic of China 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 punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law. Where a criminal who has been given a suspended sentence violates laws, administrative regulations, or the public security department's provisions on the supervision and management of suspended sentences during the probationary period of a suspended sentence, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.

Article 25 of the "Measures for the Implementation of Community Corrections" stipulates that in any of the following circumstances, the judicial-administrative organ at the same level as their place of residence is to submit to the original adjudication and people's court to revoke the suspended sentence and return them to prison to enforce the original sentence.

1) Violating a people's court's injunction, where the circumstances are serious;

2) Failure to report for duty at the prescribed time or release from supervision during the period of receiving community corrections, for more than one month;

3) Received a public security administrative punishment for violating supervision and management provisions, but still does not make corrections;

4) Receiving three warnings from the judicial-administrative organs and still not making corrections;

5) Other violations of relevant laws, administrative regulations, and oversight and management provisions, where the circumstances are serious.

Breaking the law again, and not going to supervise the police station for a long time.

A probationer is a person who has been sentenced to a term of imprisonment for a crime and has been sentenced to a suspended sentence for execution. The specific conditions and duration of a suspended sentence are determined by the court based on a comprehensive consideration of various factors such as the circumstances of the crime and the performance of the person being sentenced. Under normal circumstances, probationers do not need to carry out their fixed-term imprisonment, and may suspend the execution of the sentence and supervise their behavior during the probationary period of probation.

However, if the probationary offender's conduct during the probationary period is a serious violation of the law, such as recidivism or refusal to accept supervision, it may result in the suspension of the suspended sentence and the re-enforcement of the original sentence. At this point, the probationer needs to be sent to prison to enforce the sentence.

It should be noted that being sent to prison for execution does not mean re-enforcing the entire length of the original sentence, but only the remaining part of the sentence that has not been suspended. If the probationer is able to behave well in prison and correct his mistakes, he or she may be sentenced to probation again.

The man was given a suspended sentence for a traffic accident, and during the community corrections period, he ignored the law and was eventually revoked by the court.

At the end of 2018, the man Dai was sentenced to one year and six months in prison, suspended for two years, for causing a traffic accident. In accordance with the provisions of the "Measures for the Implementation of Community Corrections", during the probation period, Dai X needs to report to the judicial office in the jurisdiction as scheduled, hand in his experience and ideological report, and participate in the corresponding community labor.

However, during the period of community corrections, Dai X violated the community corrections management regulations, the ideological report was repetitive and single, and the content was copied on the Internet, and finally, Caidian Law Yuan ruled to revoke the part of Dai X's two-year suspended sentence, and decided to send him to prison to enforce the original sentence of one year and six months in prison.

Cai Dian Jian Cha Yuan said that this case has played a good role in publicizing and deterring the community prisoners in the jurisdiction of Chang Blind to abide by the relevant provisions of community corrections, demonstrating the authority and dignity of the law, and giving full play to the role of the thrifty inspection function.

Probation is given to prison if a crime is missed or a new crime is committed. According to the provisions of the Criminal Law, 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 for the new crime or the newly discovered crime, and the punishment for the previous crime and the subsequent crime shall be determined in accordance with the provisions on combining punishment for multiple crimes.

[Legal basis].Article 77 of the Criminal Code.

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.

Where a criminal who has been given a suspended sentence violates laws, administrative regulations, or the provisions of relevant departments on the supervision and management of suspended sentences during the probationary period of a suspended sentence, or the Qing Department learns that a restraining order in a people's court's judgment has been violated, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.

The sentence of a person sentenced to probation after being taken to prison is calculated according to the sentence he or she has not served. After a probationer is admitted to prison, the date of his or her previous detention in connection with this case can still be deducted from the sentence. However, the time during the period of probation cannot be deducted from the sentence because he has not been detained.

[Legal basis].Article 77 of the Criminal Code.

Where a criminal who has been given a suspended sentence commits a new crime 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 set abridged, and the punishment to be enforced 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.

2. The probationary period of a suspended sentence for a fixed-term imprisonment for ruining a calendar is not less than five years but not less than 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. 3. The period for which the death penalty is suspended is calculated from the date on which the judgment is determined.

Where a suspended death sentence is commuted to fixed-term imprisonment, it is calculated from the date on which the suspended death sentence is completed. Legal basis: "Criminal Law of the People's Republic of China" Article 73 The probationary period of a suspended sentence of short-term detention is not less than one year above the original sentence, 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. :

Under normal circumstances, criminals who are sentenced to probation do not need to go to prison to serve their sentences. However, if a new crime (whether negligent or intentional) is committed during the probationary period, or if a missed crime is discovered that has not been detected by the judicial authorities before, the person shall be immediately imprisoned and the new crime and the old crime shall be liquidated together. Therefore, during the probation period, you must abide by the law. Nenzakura.

Suspended sentences: If a new crime is committed during the probationary period of probation, or it is discovered that there are other crimes that have not been adjudicated before the verdict is announced, or the laws, administrative regulations, or relevant departments on the supervision and management of probation are violated, or the prohibition order in the judgment of the people's court is violated, the circumstances will be returned to prison if the circumstances are serious.

1. What are the conditions for probation to be sent to prison: Article 75: 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 on their own activities in accordance with the provisions of the inspection organ; (3) Comply with the regulations of the inspection organ on receiving visitors; (4) Leaving the city or county where they live or relocating shall be reported to the inspection organ for approval.

Article 76: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 to be enforced, and a public announcement is to be made. Article 77: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. During the probationary period of the suspended sentence, the offender who has been given a suspended sentence violates laws, administrative regulations, or the provisions of the relevant departments on the supervision and management of probation, or violates the injunction in the judgment of the people's court, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence of Tongpai shall be enforced.

On April 5, 2007, the Supreme People's Court and the Supreme People's Procuratorate jointly promulgated a new judicial interpretation on criminal cases of intellectual property rights, which regulates the application of suspended sentences for crimes of infringement of intellectual property rights, and further clarifies by way of enumeration: Suspended sentences are generally not applicable in four situations. According to this judicial interpretation, if the conditions for a suspended sentence are met in accordance with the provisions of the Criminal Law, a suspended sentence shall be applied in accordance with the law.

However, the judicial interpretation also clarifies that a suspended sentence is generally not applicable in any of the following circumstances: after being criminally punished or administratively punished for infringing intellectual property rights, the second infringement of intellectual property rights constitutes a crime; does not show remorse; refusal to hand over unlawful gains; Other circumstances in which a suspended sentence is not appropriate. Probation is not applicable to repeat offenders and ringleaders of criminal groups.

Article 74 of the Criminal Law of the People's Republic of China, as amended by the Eighth Amendment to the Criminal Law, stipulates: "Suspended sentences shall not be applied to recidivists and ringleaders of criminal groups.