My husband was arrested for intentional injury. When can I know the verdict? What are the conditions for probation? How can I get probation?
Hello, the longest waiting time is 6 months. Article 72 of China's current criminal law stipulates: "For criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years, according to the criminal's criminal circumstances and repentance, if they do not endanger society again, they can be suspended." Article 74 stipulates: "For recidivists, probation is not applicable." The specific understanding is: 1, the prerequisite for the application of probation must be sentenced to fixed-term imprisonment of less than three years or criminal detention. The object of probation can only be limited to prisoners with minor crimes. In China, public surveillance is the lightest punishment, but because it is a non-custodial punishment, it is not necessary to apply probation. The object of probation is criminal detention and fixed-term imprisonment of not more than three years, which refers to the punishment declared by the people's court, not the statutory punishment stipulated in the criminal law. For example, although the legal punishment for a crime is more than three years' imprisonment, if a criminal is sentenced to less than three years' imprisonment leniently according to law, he can still be suspended. The prohibition condition of probation is that the criminal is a recidivist. The reason why probation is not applicable to recidivists is that recidivists are subjectively vicious, difficult to educate and reform, and harmful to society. 2. A criminal who is sentenced to criminal detention or fixed-term imprisonment of not more than three years is not a recidivist. This is only an objective condition that must be observed when applying probation, but it does not mean that all criminals sentenced to this specific punishment should be suspended. The necessary conditions for applying probation must be that the circumstances of the crime are not serious, the subjective malignancy is not deep, and there is repentance. 3. The presumption of probation is that it will no longer endanger society. Indeed, the important goal of probation is not to endanger society, and this is the purpose. At the same time, it will not harm society again. In fact, it means that criminals have no tendency or possibility to commit crimes again. Determining whether criminals really won't endanger society again is just a prediction of the possibility. However, the prediction of this possibility should not be subjective, and should be comprehensively demonstrated based on objective facts. Thank you, hope to adopt!