Legal analysis: Suspended sentence refers to a system in which criminals who have been sentenced to a certain penalty have conditional non-execution of the penalty within a certain period of time. It is a suspension of the execution of the penalty. The form of execution is a violation of the provisions of the criminal law. If it is confirmed by legal procedures that a crime has been constituted and should be punished, the conviction shall be pronounced first and the execution of the sentence imposed shall be suspended. Probation is a form of execution of a sentence that is still subject to criminal penalties. Post-conviction probation is a suspension of execution of a sentence. Generally, the court will set a probation period. As long as the probation period expires and the offender does not violate the probation provisions, the original sentence will not be executed. The prerequisite for declaring a suspended sentence is to be sentenced to criminal detention or fixed-term imprisonment of not more than three years. This is a definite criminal punishment. Suspended sentence is just a way to execute the punishment.
Legal basis: Criminal Law of the People's Republic of China
Article 72 A criminal who is sentenced to criminal detention or fixed-term imprisonment of less than three years and meets the following conditions may be suspended; People under the age of 18, pregnant women, and people over the age of 75 are sentenced to probation:
(1) The crime is relatively minor;
(2) The crime The circumstances are minor;
(3) What are the circumstances of the crime?p>
(2) Repentance has been shown;
(3) There is no risk of committing another crime;
(4) Declare that the suspended sentence will have no major adverse impact on the community where you live.
When a suspended sentence is announced, the offender may be prohibited from engaging in specific activities, entering specific areas and places, and contacting specific people during the probation period based on the circumstances of the crime.
If a criminal who is sentenced to probation is sentenced to an additional penalty, the additional penalty must still be carried out.
Article 75 Criminals who have been sentenced to probation shall abide by the following provisions:
(1) Abide by laws and administrative regulations and obey supervision;
(2) Report your activities in accordance with the regulations of the inspection agency;
(3) Comply with the regulations of the inspection agency on meeting guests;
(4) Leave the city or county where you live Or moving to other places must be reported to the inspection agency for approval.
Article 76: Criminals who have been sentenced to probation shall undergo community corrections in accordance with the law during the probation period. If there are no circumstances specified in Article 77 of this law, upon expiration of the probation period, the original sentence shall be terminated. The punishment will no longer be carried out and it will be announced publicly.