What does sentencing mean? Do you still need to go to jail?

Sentencing refers to the consideration of the criminal suspect's sentencing, which refers to the penalty to be sentenced, the sentencing period, whether there are mitigating circumstances, etc. So sentencing is not the same as sentencing.

First, do you need to go to jail when sentencing?

1. Sentencing generally requires imprisonment, but those who meet the conditions of probation do not need imprisonment. Probation means that criminals who violate the criminal law and are confirmed by legal procedures to have constituted a crime and should be punished by punishment are convicted first and not executed temporarily.

2. Legal basis: criminal law

Article 72 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, those who are under 18 years old, pregnant women and those who have reached 75 years old stop sending:

(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, what are the circumstances that affect sentencing?

1, whether the consequences of the crime are serious;

2. Whether the criminal motive is despicable;

3. Whether the means are cruel;

4, whether the crime has a greater impact on society;

5. the size of anger;

6. The defendant's usual performance before committing a crime;

7, the defendant's post-crime plot;

8, some special circumstances that may affect the national politics, ethnic, religious and other special significance, and so on.

Among them, we can subdivide some plots, such as the plot of the defendant after committing a crime, and we can subdivide it into good plots after committing a crime, such as whether to voluntarily confess, plead guilty, repent, actively refund the stolen money, pay fines in advance, and actively assist the judicial organs in detecting cases; And after the crime, the circumstances are bad, such as refusing to confess, refusing to plead guilty, forging the scene, transferring stolen goods, destroying evidence, framing others and so on.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 61 Factual basis and legal basis for sentencing When a criminal decides on a penalty, he shall be sentenced according to the facts, nature, circumstances and the degree of harm to society of the crime and in accordance with the relevant provisions of this Law.

Article 62 A criminal who is given a heavier punishment or a lighter punishment according to the provisions of this Law shall be sentenced within the limits of the statutory punishment.

Article 63 A criminal with a mitigated punishment shall be sentenced to a penalty below the statutory penalty if there are mitigating circumstances stipulated in this Law. If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range.