Can lawyers generally fight for probation?

Probation can be said to be the lightest punishment, so many lawyers will fight for this opportunity. So how to fight for probation? First of all, we must clarify the conditions for applying probation. Must be a criminal sentenced to criminal detention or sentenced to fixed-term imprisonment of not more than three years. Probation must be applied to criminals who truly repent and no longer endanger society, but probation cannot be applied to recidivists. Those who meet the above conditions may apply probation. However, in any of the following circumstances, probation shall be applied:/kloc-minors under 0/8 years old, pregnant women, and elderly people over 75 years old. This is based on people-oriented and humanitarian spirit.

Article 72 of the Criminal Law: For a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years, if the application of probation does not really harm society according to the criminal's criminal circumstances and repentance, probation may be declared. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.

Article 73 The probation period for probation of criminal detention shall be not less than one year but not more than two months.

The probation period of probation for fixed-term imprisonment shall be not less than the original sentence but not less than five years, but not less than one year.

The probation period of probation shall be counted from the date when the judgment is determined.

Article 74 Probation shall not be applied to recidivists.

Article 75 A criminal whose sentence is suspended shall abide by the following provisions:

(1) Abide by laws and administrative regulations and obey supervision;

(2) to report their own activities according to the provisions of the inspection organ;

(three) to comply with the provisions of the inspection organ on the reception of visitors;

(four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.

Article 76 During the probation period of probation, criminals who have been declared suspended shall be inspected by the public security organs, and their units or grass-roots organizations shall cooperate with them. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will no longer be executed, and it will be publicly announced.

Article 77 If, during the probation period of probation, a criminal who has been suspended commits a new crime or finds that there are other crimes for which no judgment has been given, his probation shall be revoked, and a judgment shall be made for the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 69 of this Law.

If, during the probation period of probation, a criminal who has been declared suspended violates laws, administrative regulations or the supervision and management regulations of the public security department of the State Council, if the circumstances are serious, his probation shall be revoked and the original sentence shall be executed.