2. Applicable Conditions of Article 72 of 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, people under 18 years old, pregnant women and people over 75 years old should be suspended.
(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. ?
Extended data:
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Case: Was convicted of intentional injury for minor conflict?
Shouxian People's Court concluded a case of intentional injury. Defendant Liu committed the crime of intentional injury and was sentenced to seven months' imprisonment and suspended for one year. Defendant Zhang Moumou was convicted of intentional injury and sentenced to seven months' imprisonment, suspended for one year. ?
It was found through trial that at 8 o'clock on February 24, 2008, the defendants Liu Moumou and Zhang Moumou were in the north of Wang's supermarket in Bidian Formation, Zhenwu Village, Yaokou Town, Shou County. Because of the reconstruction of Liu Shou Road in Yaokou Town, the water pipes were displaced and damaged, and they had an argument with Wang Mouyi and Zhang's family.
In the conflict, Liu and Zhang Moumou wounded Wang's right hand, and Liu wounded Zhang Moumou's right eye. Appraised by the Public Security Judicial Appraisal Center of Shouxian County, Anhui Province, the victim Wang Mouyi was slightly injured in his right hand and the victim Zhang Moujia was slightly injured in his right eye. After the incident, the defendants Liu Moumou and Zhang Moumou reached a civil compensation agreement with Wang Mouyi and Zhang Moumou, and the victims Wang Mouyi and Zhang Moumou expressed their understanding to the two defendants. ?
The court held that the defendants, Liu Moumou and Zhang Moumou, intentionally injured others' bodies and caused minor injuries to others, and their actions all violated the criminal law, which constituted the crime of intentional injury. The accusation of the public prosecution agency is established and supported according to law. In view of the fact that the defendants Liu Moumou and Zhang Moumou can truthfully confess the facts of the crime after being brought to justice, they are frank, and they have reached a civil compensation agreement with the victim and fulfilled it, and reached an understanding, which can be given a lighter punishment according to law. Accordingly, the court made the above judgment according to law. ?
Window of Xishuangbanna Public Security Bureau-China People's Criminal Law
Anhui Higher People's Court-Sentenced for intentional injury due to minor conflict