1, the circumstances of the crime are relatively minor;
2. Have repentance;
3. There is no danger of committing a crime again;
4. The announcement of probation has no significant adverse effect on the community where you live.
For recidivists and ringleaders of criminal groups, probation is not applicable.
What are the criteria for identifying the crime of concealing or concealing?
In judicial practice, if both the buyer and the seller are tacitly aware of the transaction, and the suspect denies it, and there is no confession that the seller told the receiver the source of the stolen goods, it can be inferred whether the suspect is "informed" from the following aspects.
1. If the object of the crime is a motor vehicle, then the legal knowing presumption is directly interpreted according to the law and judicial interpretation;
2. If the criminal object is ordinary property other than motor vehicles, the criminal suspect's "knowing" degree of the illegal source of stolen goods is judged by the method of fact presumption: First, by looking at the time and place of stolen goods trading, such as night purchase and roadside purchase, the knowing degree is greater than that of daytime purchase and market purchase; The second is to look at the variety and quality of stolen goods. If the stolen goods are new products that have just been put on the market, there is a great possibility of illegal sources, because the legitimate owners will not sell them easily unless they rob or steal them; The third is to see if the transaction price is significantly lower than the market value. According to experience, the illicit money obtained by ordinary sellers is only about one-third of the appraisal value of stolen goods; The fourth is to see if there are proper transaction procedures and whether the seller is eager to get rid of it; The fifth is to see the matching degree of stolen goods with the identity and physical appearance of the seller and the seller's understanding of stolen goods, and so on. Then the basic facts that can prove "knowing" and the basic facts that can refute "knowing" are listed separately for analysis and comparison, and then the facts and reasons of which side are more fully credible are judged by combining human experience and the general laws of logic, and finally the conclusion whether the criminal suspect knows is deduced.
To sum up, as long as concealing or concealing a crime is not combined punishment for several crimes, and the time limit for sentencing a minor crime is less than three years, probation can be applied.
Legal basis:
Article 72 of the Criminal Law of People's Republic of China (PRC)
Applicable conditions of probation A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, people under 18 years old, pregnant women and people over 75 years old should stop taking:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.