According to the applicable conditions of Article 72 of the Criminal Law of People's Republic of China (PRC), 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, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
(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.
Extended data:
Probation, the full name of probation, also known as suspended sentence, refers to the criminal who violates the criminal law and is confirmed to have constituted a crime through legal procedures, and should be punished by punishment, first declaring him guilty and temporarily not executing the sentenced punishment. Probation is a system in which a specific investigation organ inspects criminals during a certain trial period and decides whether to apply a specific penalty according to their performance during the trial period.
For criminals who have been suspended, community correction should be carried out according to law within the probation period of probation. If there are no circumstances stipulated in Article 77 of the Criminal Law and the probation period of probation expires, the original sentence will no longer be executed and will be publicly announced.
Probation is applicable to fixed-term imprisonment of less than three years (fixed-term imprisonment decided to be executed by combining punishment for several crimes, and if one of them is sentenced to probation, the principle of absorption should be increased, so that probation will no longer be executed), and probation is not applicable to medium-and long-term fixed-term imprisonment, life imprisonment, death penalty, recidivism and ringleaders of criminal groups. In addition: a two-year suspension of execution of the death penalty is usually called "reprieve of death", which means imprisonment, so we should pay attention to the distinction.
situation
One is sentenced to criminal detention or short-term imprisonment;
Second, criminals do show repentance, and the court believes that temporarily not executing the sentenced punishment will not endanger society again;
Third, criminals are not recidivists or ringleaders of criminal groups.
References:
Baidu encyclopedia-probation period