Our country's law does not clearly stipulate whether it can be suspended if a crime is found missing within the probation period. However, in the process of judicial practice, in this case, the judge will think that the criminal refuses to plead guilty and has no performance of pleading guilty and repenting, which is not suitable for declaring probation again. According to the relevant provisions of China's criminal law, if a crime is found missing within the probation period, the probation shall be revoked, and a judgment shall be made on the disappearance of the crime, and several crimes shall be punished concurrently; In this case, it is generally difficult to conclude that the criminal's crime is minor, he shows repentance and there is no danger of recidivism, that is, he does not meet the conditions for probation, so he cannot be sentenced to probation. During the probation period of probation, if the whereabouts of the crime are unknown, the probation shall be revoked. According to the provisions of the Criminal Law, if a criminal who has been suspended commits a new crime within the probation period of probation or finds that other crimes have not been sentenced before sentencing, his probation shall be revoked and a judgment shall be made on the newly committed crime or newly discovered crime. The punishment for the former crime and the latter crime shall be decided in accordance with the provisions of Article 69 of this Law. If, during the probation period of probation, a criminal who has been declared suspended violates laws, administrative regulations or the supervision and administration regulations of the relevant departments of the State Council on probation, or violates the prohibition order in the judgment of the people's court, if the circumstances are serious, his probation shall be revoked and the original sentence shall be executed.
According to the provisions of the Criminal Law, if a criminal who has been suspended commits a new crime or finds that other crimes have not been sentenced within the probation period, the suspended sentence shall be revoked and a judgment shall be made on the new crime or newly discovered crime. The punishment for the former crime and the latter crime shall be decided in accordance with the provisions of Article 69 of this Law. If, during the probation period of probation, a criminal who has been declared suspended violates laws, administrative regulations or the supervision and administration regulations of the relevant departments of the State Council on probation, or violates the prohibition order in the judgment of the people's court, if the circumstances are serious, his probation shall be revoked and the original sentence shall be executed. If any omissions are found during the probation period, they will be put into prison and detained. At the same time, for inaction, it is necessary to combine several crimes and investigate their criminal responsibility. If it is necessary to investigate the criminal responsibility of the crime of omission found during the probation period, it shall be investigated together with the original crime, punished for several crimes, and the probation shall be revoked.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 70 of the Criminal Law
If, after the judgment is pronounced but before the execution of the punishment is completed, it is found that the sentenced criminal committed other crimes before the judgment is pronounced, a judgment shall be made on the newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 69 of this Law. The executed sentence shall be included in the sentence of the new judgment.
Article 77 of the criminal law
If, during the probation period of probation, a criminal who has been suspended commits a new crime or finds that there are other crimes for which no judgment has been given, his probation shall be revoked, a judgment shall be made on the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 69 of this Law. If, during the probation period of probation, a criminal who has been declared suspended violates laws, administrative regulations or the supervision and administration regulations of the relevant departments of the State Council on probation, or violates the prohibition order in the judgment of the people's court, if the circumstances are serious, his probation shall be revoked and the original sentence shall be executed.
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, 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.