Where Article 72 of the Criminal Law is applicable, a suspended sentence may be declared. Although it is not necessary to actively compensate the victims and gain their understanding, it will increase the possibility of declaring probation. ?
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.
Detailed rules for the implementation of sentencing guidance for joint crimes by the Higher People's Court of Heilongjiang Province? 》
(6) If, on the basis of the criminal facts and sentencing circumstances of the whole case, it should be sentenced to more than life imprisonment, public surveillance or single additional punishment, suspended sentence or exemption from punishment according to law, it shall be applied according to law.
(seven) it is proposed to be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and if it meets the applicable conditions of probation, it may be declared suspended; Among them, those under 18 years old, pregnant women and those over 75 years old should stop taking it.
Extended data:
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The application of probation must meet the following conditions:
1. The object of probation must be a criminal sentenced to criminal detention or imprisonment of not more than three years, and a criminal sentenced to imprisonment of not less than three years. Because of its serious crime and great social harm, it is not suitable for social execution, so probation cannot be applied. ?
2. Criminals who apply probation must have minor crimes and good repentance, and will not really harm society again. ?
3. According to the criminal law of our country, probation cannot be applied to recidivists. This is because recidivism is persistent, subjective and dangerous. ?
If a criminal sentenced to probation is sentenced to an additional punishment in addition to the principal punishment, the additional punishment shall still be executed, and shall not be affected by the probation of the principal punishment. ?
Window of Xishuangbanna Public Security Bureau-China People's Criminal Law