In China's criminal law, the relationship between the amount of criminal proceeds and whether it can be suspended is an important issue. Specifically, is it possible to be sentenced to probation when the amount of criminal proceeds is below100000? This problem involves the in-depth understanding and specific application of criminal law.
First of all, it needs to be clear that probation is a form of punishment, and its applicable conditions are strictly stipulated by law. Generally speaking, only if the circumstances of the crime are minor, the social harm is small, and the defendant shows repentance can he be sentenced to probation. Therefore, whether you will be sentenced to probation does not depend directly on the amount of criminal proceeds, but more on the nature and circumstances of the crime and the personal situation of the defendant.
In China's Criminal Law of People's Republic of China (PRC), there is no clear stipulation about the direct relationship between the amount of criminal proceeds and whether it can be suspended. In other words, no matter the amount of criminal proceeds, as long as it meets the applicable conditions of probation, it is possible to be sentenced to probation. Of course, in practice, the judge will comprehensively consider various factors, including the amount of criminal proceeds, the defendant's repentance, social harm and so on. , make a judgment.
finally
Although the amount of criminal proceeds is not the only factor that determines whether probation can be granted, it is indeed an important reference factor. When judging whether probation can be granted, it is necessary to comprehensively consider the nature of the crime, circumstances, social harm, personal situation of the defendant and other factors. Therefore, we can't simply give a positive answer to the question "can the criminal proceeds be dissatisfied with100000 yuan be sentenced to probation?" .
legal ground
Article 72 of the Criminal Law of People's Republic of China (PRC) stipulates: "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: (1) The circumstances of the crime are relatively minor; (2) showing 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 he lives. "
The above information is for reference only. If necessary, it is recommended to consult a professional lawyer.