The object of probation is criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years (including three years).
An accessory shall be given a lighter, mitigated or exempted punishment.
In theory, criminal law can be sentenced to probation, but in judicial practice, the probability of probation is very small.
Whether probation can be granted is determined by the judge in combination with the sentencing circumstances, public prosecution opinions and defense opinions of the whole case.
Legal basis:
Article 303 of the Criminal Law Whoever gathers people to gamble or gamble for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
"Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Article 27 A person who plays a secondary or auxiliary role in a joint crime is an accessory.
An accessory shall be given a lighter, mitigated or exempted punishment.
Article 72 of the Criminal Procedure 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.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
The second paragraph of Article 1 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Online Gambling Crimes shall be deemed as "the circumstances are serious" as stipulated in the second paragraph of Article 303 of the Criminal Law:
(a) the total profit of the leading enterprises reached more than 30,000 yuan;
(two) the amount of gambling funds reached more than 300 thousand yuan;
(3) The cumulative number of gamblers has reached more than 120;
(four) after the establishment of a gambling place, the illegal income is more than 30 thousand yuan by providing it to others to organize gambling;
(five) to participate in profit sharing in gambling places, and the amount of illegal income is more than 30 thousand yuan;
(6) Recruiting a subordinate agent for gambling sites, and the subordinate agent accepts bets;
(seven) to attract minors to participate in online gambling;
(eight) other serious circumstances.