Significance of sentencing suggestions. After the public security organ arrests the suspect, it will send it to the procuratorate. The procuratorate will sue the suspect's criminal facts to the court.
At this time, the procuratorate can make sentencing suggestions for the court's reference, but the final judgment is still decided by the court. Sentencing suggestions do not write probation, which generally does not necessarily affect the judgment.
The court can exercise judicial power independently and is not influenced by organizations or individuals. At this time, the suspect will find a lawyer to defend him and try to minimize the crime.
The sentencing recommendations of the procuratorate will generally refer to the corresponding laws and give a certain degree of sentencing, and will also be divided according to statutory circumstances and discretionary circumstances.
Sentencing suggestions are generally handed over to the court by the procuratorate, and the suspect's family members will not see them, but the entrusted lawyer can intervene to read the papers. Because the two law enforcement departments use the same legal system, there is not much difference.
According to the Guiding Opinions of People's Courts on Sentencing (Trial), the judgment of the influence of sentencing factors should follow the statutory sentencing factors, discretionary sentencing factors and appropriate sentencing factors.
Generally speaking, the legal sentencing elements are clearly stipulated in the law and must be considered when sentencing, while the possible sentencing elements are weaker than the appropriate sentencing elements.
Many people want to know the difference between sentencing and actual sentencing. In fact, it is difficult to calculate before getting the court judgment, because the judge enjoys discretion.
The judge will make a comprehensive judgment according to the criminal circumstances, guilty attitude, criminal facts, social impact of the crime and other factors, so the sentencing suggestion is only a reference factor submitted by the procuratorate to the court.
Conditions for probation. Probation is an opportunity for criminals to turn over a new leaf. After a suspect is sentenced, his charges and legal responsibilities are first announced, but his execution can be suspended.
Probation is not for all cases, and the object of probation is generally criminals sentenced to criminal detention and fixed-term imprisonment of less than three years. The emergence of probation system is mainly to correct the disadvantages of short-term free punishment.
For example, some suspects have only been sentenced for a few months, but they have not received adequate education and have not learned their lessons. After being sentenced to probation, the suspect is not free and has to report to the community regularly for study.
Other criminal suspects are not serious in their own crimes, but their fear of being locked up with other criminals has strengthened their criminal awareness. Probation is also an opportunity for first offenders to repent.
In addition to the requirements of the object, the conditions of probation also depend on the criminal nature of the suspect. For example, some criminal suspects who refuse to mend their ways and break the law many times, even if they are short-term free sentences, can not enjoy probation.
There are also criminal suspects who have a bad attitude towards admitting mistakes and a poor sense of repentance. The criminal incident has a bad impact on society and cannot be suspended. In fact, it is difficult to control the nature of crime. Some suspects do not cherish the opportunity of probation and will retaliate after probation.
There are also suspects who belong to economic crimes. They have a poor attitude towards admitting their mistakes, that is, they are a dead mouse who can't feel the cold, don't cooperate with the investigation of relevant departments, refuse to hand over illegal income, and can't be suspended.
Therefore, there are two conditions for probation. One is that the criminal is sentenced to criminal detention or fixed-term imprisonment of less than three years, and the other is that the criminal suspect is light in nature and will not commit a second crime.
Do I still need probation to go to jail? Many people performed well during the probation period and did not violate the relevant regulations. The original judgment will not be executed. So some people mistakenly think that they don't have to go to jail if they are sentenced to probation. In fact, this is not necessarily the case.
If a criminal violates laws and regulations, regulations on supervision and administration of probation and prohibition orders during the probation period, his probation shall be revoked and he shall be put in prison to execute the original sentence.
Many people began to get away with it after being sentenced to probation, or even stopped committing crimes. Some people moved away with their families without informing the relevant departments. These practices will affect probation.
In fact, probationers will be more comfortable than people in prison, but that doesn't mean they are free. During the assessment period, it is still necessary to accept supervision and arrange corresponding community education for transformation.
If prisoners fail to report on time or leave supervision without justifiable reasons during the period of community correction, those with serious circumstances will also be put in prison and bear legal responsibility.
Therefore, we must cherish the opportunity to get probation and don't waste this opportunity to turn over a new leaf. We must abide by laws and regulations, so that knowing the law does not break the law.
That's it. The sentencing proposal of the procuratorate does not say that it is recommended to suspend the sentence, which generally has little influence on the judgment. Because the court has independent jurisdiction, it will consider it comprehensively according to the nature of the case.