Community correction, violation, revocation of probation, imprisonment
2065438+On July 2, 2009, Jinan High-tech Court concluded a fraud case. The defendant Xu Moumou used fictitious means to defraud other people's property for the purpose of illegal possession, and the amount was huge. However, considering his surrender, he actively compensated the victim for his economic losses and obtained the understanding of the victim. He was given a lighter punishment according to law, sentenced to three years in prison, suspended for three years, and fined 10000 yuan.
2065438+On July 22, 2009, the Justice Bureau of Lixia District, Jinan City, the executive organ, made community corrections to Xu. During the period of community correction, Xu Moumou, a criminal serving a sentence, should have abided by the relevant laws and regulations, but he repeatedly violated the regulations and refused to repent.
On May 28, 2020, the executive organ submitted a written statement to our hospital: 2065438+at the beginning of August 2009, Xu Moumou, a community correctional officer, failed to submit his experience as required, and the content was repeated and extracted from the network. The executive organ gave him the first warning, then upgraded the supervision level and strengthened the supervision education for Xu Moumou; At the end of March 2020, the executive authorities found that Xu had not carried a positioning mobile phone with him for a long time, which violated the regulations on community correction and positioning; There were many motor vehicle behaviors in driving without a license, which violated the Road Traffic Safety Law of the People's Republic of China, and the second and third warnings were given. The executive organ has received many reports of Xu's alleged fraud or fraud, and has also arranged for prison police to admonish him. At present, Xu Moumou has been taken by the public security organs to monitor his residence for alleged fraud. The executing agency believes that Xu's performance in revising the sentence is extremely poor, and he still does not correct it after three warnings and repeated admonitions. Moreover, the risk of breaking the law again is great, and continuing community correction has lost its effect and significance. According to the provisions of relevant laws and regulations, it is suggested that the probation of criminal Xu be revoked.
test result
After trial, our court held that the criminal Xu did not write the ideological report as required, and the content was repetitive and single. Violation of laws and regulations for many times, failure to cooperate with supervision and management, and failure to correct after three warnings. His behavior violated the provisions of relevant laws and regulations, and he was sentenced to revoke his probation and execute the original sentence.
The judge said:
Judge Zhao Zhang of Jinan High-tech Court reminded that the probation system can make criminals feel the deterrent power of the law, and at the same time, it can avoid the disadvantages of being out of touch with society and cross-infection among criminals caused by short-term free punishment, and play a social role of combining punishment, education and reform. During the period of community correction, the object of community correction shall abide by laws and administrative regulations, fulfill the obligations determined by legal documents such as judgments and rulings, abide by the supervision and management regulations, obey the management of community correction institutions, and sincerely repent.
References:
Probation prisoners report to the community correction office of the local judicial bureau, be supervised by it, or be handed over to the community correction office. Community correction is an execution method relative to imprisonment correction. Its purposes are as follows:
1. direct purpose: to make criminals adapt and return to society smoothly through social education conducted by community correction organizations.
2. Indirect purpose: to enhance the legal awareness and social responsibility of community citizens.
3. Fundamental purpose: to prevent crime, maintain social stability and achieve long-term stability of the country.
Experience of community corrections personnel