Lawyer analysis:
A criminal with a criminal record cannot be sentenced to probation.
According to the law of our country, as long as it meets the applicable conditions of probation, it can be sentenced to probation, but if the criminal record has constituted a recidivist, probation is not applicable.
The application of general probation must meet the following conditions:
(1) The criminal was sentenced to criminal detention or imprisonment of not more than three years.
(2) According to the criminal's criminal circumstances and penitence, it is considered that probation will not harm society.
(3) Criminals are not recidivists.
Legal basis:
Article 72 of the Criminal Law of People's Republic of China (PRC)
Applicable conditions A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, people under 18 years old, pregnant women and people over 75 years old should stop taking:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Please click to enter the picture description (maximum 18 words).