1. If the suspended sentence is revoked because the violation of the probation test does not constitute a crime, only the original sentence sentenced by the court will be executed. If he was detained before the judgment, the detention time will be offset by the sentence.
2. During the probation period, if it is discovered that a crime has been missed or a new crime has been committed, the original sentence will be combined with the missed crime and new crime.
Legal Basis
Article 77 of the "Criminal Law of the People's Republic of China"
A criminal who has been sentenced to probation commits a new crime during the probation period. Or it is discovered that there are other crimes that have not been sentenced before the judgment is pronounced;
The suspended sentence shall be revoked and a judgment shall be made for the newly committed crime or the newly discovered crime. The penalty imposed for the former crime and the subsequent crime shall be determined in accordance with this provision. The provisions of Article 69 of the Law shall be implemented. Article 69: Decide on the execution of punishment.
If a criminal who has been sentenced to probation violates laws, administrative regulations or the supervision and management regulations of the relevant departments of the State Council on probation during the probation period, or violates a prohibition order judged by the people's court, and the circumstances are serious, his sentence shall be revoked Suspend the sentence and execute the original sentence.