Probation, also known as suspended sentence, means that a criminal violates the criminal law and is confirmed to have constituted a crime through legal procedures, and should be punished by punishment. He is declared guilty first and does not execute the sentenced punishment temporarily. A system in which criminals are inspected by a specific inspection institution within a certain trial period, and whether to apply a specific penalty is decided according to their performance during the trial period.
Whether a suspended sentence can be released immediately after being pronounced in court is generally not released in court. When a criminal is committed for execution, the people's court that committed him for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents to the public security organs, prisons or other enforcement organs.
According to Article 260th of the Criminal Procedure Law, the people's court of first instance ruled that the defendant was innocent and exempted from criminal punishment. If the defendant is in custody, he should be released immediately after the judgment.
According to Article 253 of the Criminal Procedure Law of People's Republic of China (PRC), if a criminal is committed for execution, the people's court that committed him for execution shall serve the relevant legal documents to the public security organs, prisons or other executing organs within ten days after the judgment takes effect.
Generally speaking, criminals are sent to prison to serve their sentences after the criminal judgment takes effect. If an appeal is filed, it will be judged whether it is necessary to be sent to prison according to the remaining sentence after the judgment of the second instance takes effect. If the remaining sentence is less than 3 months, it will be executed in a detention center, and if it is more than 3 months, it will be assigned to a specific prison.
Actually, this is not the case. There is a transition period. Take Shanghai as an example. If it is really necessary to be sent to prison after the judgment takes effect, it will be sent to Qingpu Newborn Prison for military training. Generally speaking, it takes half a month to 1 month to be assigned to a specific prison. Female prisoners are generally sent to Songjiang Women's Prison, and of course to the surrounding areas of Shanghai. There are some differences between prison conditions and prison rules, each with its own advantages and disadvantages.