1. What are the signs of pretrial probation?
1, there was no sign of trial when the suspended sentence was given. The court has not yet held a hearing, and no one can unilaterally decide that a suspended sentence can be imposed without a hearing by the people's court. If the sentence is fixed-term imprisonment of less than three years, the circumstances of the crime are minor, repentance and confession are good, and probation is more likely.
2. 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.
3. According to the crime situation, criminals are also prohibited from engaging in specific activities, entering specific areas and places, and contacting specific personnel during the probation period.
Article 72 of the Criminal Law of People's Republic of China (PRC)
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, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
(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.
Second, who can be sentenced to probation?
To judge whether a criminal can use probation, the law clearly stipulates the object and scope of probation, mainly in the following aspects:
1. The object of probation must be the penalty of criminal detention or imprisonment of not more than three years. The "less than three years" here does not refer to the statutory punishment, that is, the punishment prescribed by law, but to the punishment actually declared by the court.
2. Criminals are not recidivists or ringleaders of criminal groups. This is because the ringleaders and recidivists of criminal groups are socially harmful and subjectively vicious, and it is difficult to prevent them from repeating the same mistakes by applying probation.
3. Ordinary criminals other than the above two categories can be suspended if they meet the following conditions at the same time: the circumstances of the crime are relatively minor; There is repentance; There is no danger of recidivism; The announcement of probation has no significant adverse impact on the community where he lives.
In addition, it should be noted that considering the protection of minors and vulnerable groups, as long as the above three conditions are met,/kloc-women under 0/8, pregnant women and people over 75 should stop using it.
3. What should I do if the probation period is known?
If you go out during the probation period and return within one month with the approval of judicial organs, there will be no penalty consequences. If you go out for less than one month without permission, give a warning. If you go out for more than one month without authorization or are warned for more than three times, your probation will be revoked and you will be put back in prison.
Those who go to other places during the probation period must be approved by the judicial office in charge of community correction, and report their activities to the assessment organ regularly. According to the law, a suspended criminal who leaves the city or county where he lives or moves should be reported to the procuratorial organ for approval.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 75 of the Criminal Law of People's Republic of China (PRC).
A criminal who has been suspended shall abide by the following provisions:
(1) Abide by laws and administrative regulations and obey supervision;
(2) to report their own activities according to the provisions of the inspection organ;
(three) to comply with the provisions of the inspection organ on the reception of visitors;
(four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.