Probation is not applicable to repeat offenders and ringleaders of criminal groups. Because recidivists have received criminal punishment, have not received ideological education, have not seriously carried out ideological reform, have not changed their bad habits, and knowingly commit crimes again, they cannot be sentenced to probation.
Legal objectivity:
Applicable conditions for Article 72 of the "Criminal Law of the People's Republic of China"* * *Criminals who are sentenced to criminal detention or fixed-term imprisonment of less than three years must meet the following requirements at the same time: If there are conditions, a suspended sentence may be announced. People under the age of 18, pregnant women, and people over the age of 75 may be sentenced to a suspended sentence: (1) if the crime is relatively minor; (2) if they show repentance; (3) if they do not commit the crime again The risk of committing a crime; (4) The suspended sentence will have no significant adverse impact on the community in which he or she lives. A suspended sentence can be announced based on the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places, and contacting specific people during the probation period. If a criminal who has been sentenced to probation is sentenced to an additional penalty, the additional penalty must still be executed.