First of all, the concept is different.
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.
The period during which the penalty of deprivation of liberty or deprivation of political rights declared by the court should be executed is simply understood as the actual sentence to be served in prison.
Second, the scope is different.
Probation is applicable to fixed-term imprisonment of less than three years, medium-and long-term imprisonment, life imprisonment, death penalty, recidivism and ringleaders of criminal groups, and probation is not applicable. Note: A two-year reprieve of execution of death penalty is usually called "reprieve of death", which means imprisonment. Pay attention to the difference.
Actually punish the use of all criminal offences. If a criminal is sentenced to five years in prison and deprived of political rights for one year, these five years and one year are fixed-term imprisonment. The length of a sentence shall be determined according to the facts, nature, circumstances and the degree of harm to society of the crime.
Third, the implementation sites are different.
All actual punishments are carried out in prisons or detention centers.
Probation is carried out outside the prison.
Extended data:
Discretionary factors of probation
1. Whether the fine is paid in full and on time;
2. Probation and evaluation report issued by the county-level judicial bureau where the household registration is located;
3. Common crimes, some "hidden rules" of probation
(1) Whether the victim understands and agrees to apply probation in cases of intentional injury; Traffic accident crime, the proportion of responsibility, whether to take timely rescue measures, whether to actively compensate the victim for economic losses, the time, space and surrounding environment of the crime;
(2) The crime of dangerous driving, commonly known as drunk driving, mainly considers the region and the alcohol content in the blood. In first-tier cities such as Nanjing, if the alcohol content in blood per 100ml is greater than (equal to) 200mg, the probability of probation is almost zero;
(3) Whether larceny belongs to first-time offense, incidental offense, improvisation and amount have great influence on the application of probation.
Every criminal case is different, so it is recommended to consult a professional criminal defense lawyer. However, the same suggestions are: a good attitude of pleading guilty and repenting, striving for voluntary surrender and meritorious service, promoting the understanding of the victims, doing a good job in communication with the case-handling organs, and confirming the assessment with the judicial bureau in advance.
References:
Baidu encyclopedia-sentence
References:
Baidu encyclopedia-probation period