According to the criminal law, 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, those who are under 18 years old, pregnant women and those who have reached 75 years old stop sending:
(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.
The applicable conditions of probation are specifically analyzed as follows:
First, the object conditions:
The object of probation must be a criminal sentenced to criminal detention and fixed-term imprisonment of not more than three years.
Generally speaking, criminals sentenced to fixed-term imprisonment of less than three years commit fewer crimes and infringe on legal interests;
On the contrary, criminals sentenced to fixed-term imprisonment of more than three years generally commit serious crimes, which are more dangerous to legal interests and personal safety. Therefore, probation can only be applied to criminals who are sentenced to a lighter punishment because of their minor crimes and personal dangers.
The fixed-term imprisonment of less than three years here refers to the declared punishment rather than the statutory punishment; Even if the minimum legal penalty for a crime committed by a criminal is fixed-term imprisonment of not less than three years, if there are mitigating circumstances, the declared penalty is fixed-term imprisonment of not more than three years, and probation can also be applied.
Whether the criminal is guilty of one crime or several crimes is not the key to decide whether to suspend the sentence. Even if he has committed several crimes, as long as the total sentence meets the conditions of probation, probation can be applied.
Second, the substantive 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, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
1, the circumstances of the crime are relatively minor;
2. Have repentance;
3. There is no danger of committing a crime again;
4. The announcement of probation has no significant adverse effect on the community where you live.
That is to say, although some criminals have been sentenced to criminal detention or fixed-term imprisonment of less than three years, the circumstances of the crime are bad and there is no repentance.
Doesn't mean you won't be detained again.
Those who endanger society cannot be suspended.
Only by confirming that criminals meet the above conditions and remain in society without endangering society can probation be applied.
Third, the prohibition conditions:
For recidivists and ringleaders of criminal groups, probation is not applicable.
The main reason is that recidivists and ringleaders of criminal groups are in great personal danger, and it is difficult to prevent them from recidivism by applying probation.
Therefore, for recidivists and ringleaders of criminal groups, even if they are sentenced to criminal detention or fixed-term imprisonment of less than three years, suspended sentences cannot be applied.
Regarding confession and punishment:
According to the Criminal Procedure Law, if a criminal suspect or defendant voluntarily confesses his crimes truthfully, admits the alleged criminal facts and is willing to accept punishment, he can be lenient according to law.
If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance in the presence of a defender or a lawyer on duty.
Court's handling of sentencing suggestions in cases of confession and punishment;
When making a judgment according to law, the people's court shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:
(1) The defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleaded guilty against his will;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.
According to the Guiding Opinions on Sentencing for Joint Crimes (Trial), if the defendant pleads guilty and admits punishment, he can comprehensively consider the nature of the crime, the severity of the crime, the stage, degree, value and performance of repentance, and can reduce it by less than 30% on the basis of the benchmark punishment;
If there are circumstances such as surrender, major confession, restitution, compensation understanding, and criminal reconciliation. The benchmark punishment can be reduced by less than 60%, and if the crime is minor, it can be reduced by more than 60% or exempted from punishment according to law.
Sentencing circumstances such as confession and punishment, confession and punishment, voluntary confession in court, restitution, compensation understanding, criminal reconciliation, and good behavior during detention will not be repeated.
Legal basis:
Criminal law of the people's Republic of China
Article 72 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, those who are under 18 years old, pregnant women and those who have reached 75 years old stop sending:
(-) The crime is 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 and entering specific areas during the probation period of probation.
Place, contact with specific people.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Criminal Procedure Law of the People's Republic of China
Article 15 A criminal suspect or defendant voluntarily confesses his crimes truthfully, admits the facts of the alleged crimes, and is willing to accept punishment, which may be given a lighter punishment according to law.