Probation refers to the system that criminals sentenced to a certain penalty execute the sentenced penalty unconditionally within a certain period of time, which is the suspension of the execution of the penalty. Its execution form is to convict the perpetrator who has violated the criminal law and is confirmed by legal procedures to constitute a crime and should be punished by punishment, and the sentenced punishment will not be executed for the time being. Probation is not a punishment, but a way of execution. Probation and suspended execution of death penalty are completely different concepts, which need to be distinguished in understanding and application.
Because the court is likely to be convicted and sentenced according to the sentencing recommendations of the procuratorate, if the sentencing recommendations of the procuratorate do not specify "recommended probation", then the probability of waiting for the trial and doing nothing is almost zero.
At this time, if you want to fight for probation, you must seek the help of professional criminal lawyers. It is suggested to consult a lawyer first to see if there is any plot to fight for in the case and if there is any possibility of reprieve.
If the lawyer thinks there is still a chance of probation, then I suggest that the client entrust a professional criminal lawyer to guide and defend the client.
Trial conditions
According to the provisions of Article 72 of the Criminal Law of People's Republic of China (PRC), it can be seen that the defendant's sentence must be fixed-term imprisonment of not more than three years or criminal detention. In addition, the following conditions should also be met:
(1) The circumstances of the crime are relatively minor;
(2) 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 they live.
legal ground
According to Article 176 of the Criminal Procedure Law: "If a people's procuratorate believes that the criminal facts of a criminal suspect have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, file a public prosecution with a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And transfer materials such as confession and repentance with the case. "