Yes, the crime of harboring can be sentenced to probation, but to meet the conditions of probation, the criminal law of fixed-term imprisonment of not more than three years must be applied, and criminals need to show repentance, even criminals are not recidivists, and the crime of harboring with minor circumstances can be suspended.
Can the crime of harboring be suspended? Can I get bail pending trial for the crime of harboring?
Can I get bail pending trial for the crime of harboring?
Generally speaking, shielding a crime can be released on bail pending trial.
The conditions for obtaining bail pending trial are:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Legal basis:
Article 67 of the Criminal Procedure Law of People's Republic of China (PRC)
The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Can we not prosecute the crime of harboring?
Whether to prosecute for the crime of sheltering needs to be determined according to the specific circumstances. If it is not clear that the circumstances of the crime are minor, the procuratorate may make a decision not to prosecute, but it may not be innocent. This crime is optional, including the crime of harboring and the crime of harboring. The crime of shielding can only be carried out through behavioral means. The act of simply not providing testimony, being silent or not testifying in court does not belong to the act of "making false certificates to shield others" and does not constitute a crime of shielding.
Legal basis:
Article 16 of the Criminal Procedure Law of People's Republic of China (PRC) shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.
Article 310 of the Criminal Law of People's Republic of China (PRC) * * * knowingly provides a criminal with a hiding place or property to help him escape or perjury, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever commits the crime mentioned in the preceding paragraph and conspires in advance shall be punished as an accomplice.