The sentencing proposal of the people's procuratorate does not say that probation is not applicable. Probation is called deferred sentencing, also known as deferred sentencing, which means that the infringer who has violated the criminal law and is suspected of committing a crime according to legal conditions and should be punished by punishment will be declared guilty first and will not be tortured for the time being. Specialized investigation agencies will investigate criminals in a certain tempering period, and decide whether it is a kind of rules and regulations that can be used for actual torture according to the main performance of criminals during the tempering period.
Because it is obvious that the sentencing proposal of the People's Procuratorate is only a clear proposal to the court, and the final sentencing depends on the specific case. At this moment, it is proposed that the defendant must entrust an attorney to defend and strive for probation.
Second, the applicable standard of probation.
(1) The criminal was sentenced to fixed-term imprisonment of not more than three years or extorted a confession by torture. The attached probation standard fails to implement the characteristics of extorting confessions by torture in the original judgment, which determines that probation can only be applied to criminals with relatively light crimes and punishments. The severity of the crime and punishment is consistent with the severity of the torture that the suspect was sentenced to. In China's criminal code, the object of probation is often required to be a criminal sentenced to criminal detention or fixed-term imprisonment of less than three years.
It is precisely because this kind of criminals' crimes and punishments are relatively light that they have little adverse impact on social development. On the other hand, criminals who have been sentenced to fixed-term imprisonment of more than three years are not included in probation because of the serious circumstances of the crime and the great impact on social development. For criminals who have been sentenced to public surveillance for minor crimes, because of the characteristics of public surveillance punishment, that is, the criminal suspect is not detained, and it is limited to his arbitrary decision, so there is no need for probation.
To put it bluntly, "fixed-term imprisonment of not more than three years" refers to fixed-term imprisonment, not legal punishment. Although the statutory penalty for the crime committed by the offender is fixed-term imprisonment of more than three years, it has mitigating circumstances. The fixed-term imprisonment is fixed-term imprisonment of less than three years, and probation can be applied.
(2) According to the criminal's criminal circumstances and the main manifestations of repentance, I think probation can no longer endanger social development. This is the basic standard of probation. That is to say, although some criminals have been sentenced to criminal detention or fixed-term imprisonment of less than three years, their illegal and criminal circumstances and repentance are the main manifestations.
It cannot be said that no detention will not endanger social development, and probation cannot be announced. However, it must be noted that because the criminal suspect can't be suspended, it really won't hurt social development any more. It is only the inference or prejudgment of the judges. According to the rules, this kind of inference or discrimination is only based on the fact that the circumstances of the illegal crime are lighter and the criminal suspect's repentance is better.
According to the Criminal Procedure Law
Article 176 requires: "If the procuratorial organ believes that the criminal behavior of the criminal suspect has been ascertained and the direct evidence is true and sufficient, and criminal responsibility should be investigated according to the regulations, it shall make a decision to file a case with the people's court for investigation, case materials and original materials according to the requirements of the trial.
Direct evidence is handed over to the people's court. If the criminal suspect pleads guilty and admits punishment, the procuratorial organ shall clearly put forward the sentencing suggestions on the main punishment, additional punishment and whether it can be suspended, and transfer the original materials such as pleading guilty and admitting punishment with the case. "
In daily life, most personal behaviors of illegal crimes are committed by the procuratorial system, that is, the victim brings a lawsuit to the court. In that case, you can get a very fair and judicial trial ruling, and the procuratorial system will also give the court some sentencing suggestions, but it is up to the final court to decide whether to take it or not.