According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the suspended sentence is announced as follows:
Article 72 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, those who are under 18 years old, pregnant women and those who have reached 75 years old stop sending:
(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:
Trial program:
We should standardize the procedure of putting forward probation suggestions.
Probation is an important part of China's penal system. In judicial practice, the application of probation occupies a considerable proportion in the application of the whole penalty. Whether probation is applied is directly related to whether criminals are deprived of personal freedom and whether juvenile criminals can be better promoted to repent and turn over a new leaf. Therefore, it is of great significance for procuratorial organs to put forward appropriate probation suggestions.
However, the legislation is imperfect and too abstract, and there are some phenomena such as low quality, random submission and irregular submission. The author believes that we should standardize the procedure of putting forward probation, give full play to the legal supervision function of procuratorial work, and focus on the following points:
1. Strengthen the review of the applicable conditions of probation. The Criminal Law stipulates the applicable conditions of probation, but the author thinks that the procuratorial organs should further refine the examination standards and suspend the execution to protect the legitimate rights and interests of criminals. For example, if the criminal is a first-time offender, an occasional offender, or a minor, or voluntarily surrenders, makes meritorious deeds or confesses after committing a crime, and the circumstances of the crime are minor, he shall put forward suggestions for probation.
For violent crimes, those who have been punished by criminal punishment, reeducation through labor and public security detention for more than two times, but do not constitute recidivism, generally should not put forward probation suggestions.
2. Standardize the content of probation suggestions. Clear suggestions on probation have a strong binding force on criminal discretion. Procuratorial organs should not only put forward probation suggestions, but also put forward a clear probation investigation period, and the scope of the investigation period should not be too wide, otherwise the effectiveness of sentencing suggestions will be discounted.
In addition, the suggestion of probation should strengthen reasoning and demonstrate from facts and laws, which not only helps to promote the pertinence of sentencing debate, but also helps to enhance the legitimacy of sentencing judgment.
3. Standardize the examination and approval procedures for probation suggestions. The author thinks that the suggestion of probation should be divided into three situations: should be put on file, can be put on file and whether it is controversial, and different approval procedures should be adopted respectively.
For those who may be sentenced to fixed-term imprisonment of not more than three years, if there is no harm, suggestions for probation shall be put forward. The attorney general may propose it within the scope of authorization. If the person in charge of the public prosecution department has different opinions, it shall be reported to the procurator-general in charge for approval.
For violent crimes, those who have received reeducation through labor are generally not allowed to put forward probation suggestions. However, because the circumstances of the crime are minor, the attitude of pleading guilty is good, and the social effect of putting forward the proposal of probation is good. The proposal is made by the prosecutor in charge, reviewed by the head of the department, and decided by the procurator-general or the procuratorial Committee.
Whether to recommend probation is controversial, and it must be discussed by departments and reported to the procuratorial Committee for discussion and decision, so as to ensure the correctness of probation suggestions.
References:
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law
References:
People's Network-It is suggested that the procedure of probation should be standardized.