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There is no sentence of "three years of detention and two years of probation". There may be a "sentence of two years imprisonment and a three-year suspended sentence", and only short-term detention or fixed-term imprisonment can a suspended sentence be declared, and the probationary period of the suspended sentence needs to be equal to or greater than the announced sentence.
1. Suspended sentences, also known as suspended sentencing, refer to a system whereby perpetrators who have violated the criminal law and are confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, first announced and convicted, and sentencing is not given for the time being, and a specific investigation body conducts an investigation of the convict for 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.
2. Article 72 of the Criminal Law [Conditions for Application] Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the following conditions 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;
c) 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 73: [Probationary Period]The probationary period for short-term detention is between one year and not more than the original sentence, but must not be less than two months.
The probationary period of a suspended sentence for fixed-term imprisonment is not more than five years but not more 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.
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There has never been any talk of three years of detention and two years of probation. Let's ask again when you figure it out.
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Hello. The sentence of three years imprisonment with a two-year suspended sentence means that the convict is convicted in advance, and the three-year fixed-term imprisonment is not served for the time being, but that a specific investigation agency will examine the convict during the two-year probationary period, and decide whether to apply the three-year fixed-term imprisonment in accordance with the law on the basis of the convict's performance during the two-year probationary period.
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There is no such statement.
There are suspended sentences for detention, but not for such a long time.
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That's a bit of an exaggeration!Let's give three reprieves and two sentences!
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A two-year suspended sentence of three years means that the criminal is sentenced to two years in prison, but because Qiao Yuan meets the conditions for a suspended sentence, he is sentenced to a probationary period of three years.
Is it still in jail after a two-year suspended sentence of three years.
A fixed-term imprisonment of two to three years with a suspended sentence will not go to jail, and the suspended sentence means that the punishment does not have to be executed temporarily, and if there is no intentional crime during the probationary period of the suspended sentence or it is discovered that there was a previous omission, the original sentence will no longer be carried out after the expiration of the suspended sentence. 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.
[Legal basis].Article 73 of the Criminal Law of the People's Republic of China.
The probationary period of a suspended sentence of short-term detention is not more than one year above the original sentence, but must not be 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 not less than one year.
The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.
Article 76.
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.
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Legal Analysis: A two-year suspended sentence of three years means that the punishment of a two-year fixed-term imprisonment is temporarily not enforced for three years, and a specific agency will examine the offender's performance within three years to decide whether to enforce a two-year fixed-term imprisonment.
If no new crime is committed within three years or other crimes are discovered, the original sentence will not be enforced.
Legal basis: Article 76 of the Criminal Law of the People's Republic of China stipulates that community corrections shall be carried out in accordance with law during the probationary period of probationary sentences for criminal coders who have been given suspended sentences, and if there are no circumstances provided for in Article 77 of this Law, the probationary period of probation is completed, and the original sentence shall not be enforced, and it shall be publicly announced.
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The sentence of two years imprisonment with a three-year suspension is generally referred to as "two suspended sentences" in legal professionals
Its popular meaning is the grandson: give you a three-year inspection period, Yunxiang Chain will not spend these three years in prison, but you must report your personal situation to the public security organs in a timely manner, if there is no violation of the law and crime in these three years, then the two-year prison sentence will no longer be executed, that is, there is nothing left. If there is a violation of the law during the three-year probationary period, then the banquet will be sent to prison, that is, the suspended sentence will be cancelled, and the prison will be sent to prison for two years, and if there is a crime, the new crime and the old crime will be punished together.
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