The conditions are as follows:
1. The subject of the crime should be a criminal sentenced to criminal detention and fixed-term imprisonment of not more than three years;
2. The circumstances of the crime are minor;
3. Have repentance;
4. There is no danger of committing a crime again;
5. The announcement of probation has no significant adverse effect on the community where you live.
Will the sentence be serious without a letter of understanding?
Without a letter of understanding, the sentence will be very serious. Those who have a letter of understanding shall be given a lighter punishment. The role of criminal understanding is to help fight for the opportunity of commutation. Criminal understanding is a discretionary circumstance in law, that is, a social effect. If the other party forgives, then the judge will no longer have any burden and can be very light (within the fluctuation range stipulated by law). A criminal letter of understanding generally refers to a written document of a legal nature issued by the victim when the victim and the criminal suspect or their families reach a settlement on the outcome of a criminal case. The letter of understanding is generally completed in the process from public prosecution to court cross-examination, and has the discretionary effect in criminal law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
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.