Probation is a criminal penalty. Suspended sentence, also known as suspended sentence, refers to criminals who have violated the criminal law and are confirmed to have constituted a crime through legal procedures and should be subject to criminal punishment. They are convicted first and the punishment is temporarily suspended. Probation has the following three characteristics: First, it declares the defendant guilty. If the defendant's behavior is considered by the people's court to meet the elements of a crime, he shall be declared guilty. Deferred judgment is different from the deferred declaration system. A moratorium is a proclamation of temporary non-punishment for criminals who have hope of repentance. Within a certain period, if there are no new crimes, there will be no more convictions. Suspended sentencing is based on the premise of declaring the perpetrator guilty, rather than not making a guilty verdict, which can better reflect the principle of legality of crime and punishment. Second, the defendant will not be punished for the time being. A suspended sentence merely declares guilt and does not impose a specific sentence at the same time. Probation is different from a reprieve system. Suspended death is a conditional suspension of execution of the death penalty for a certain period of time after the criminal is sentenced. Deferred sentencing suspends the application of the penalty, not its execution. Third, check the soundness of regulatory agencies and personnel. Persons sentenced to probation shall be supervised by specialized agencies and supervised by full-time inspectors.
Legal Basis
Criminal Law of the People's Republic of China
Article 72 Criminals who are sentenced to criminal detention or fixed-term imprisonment of not more than three years meet the following conditions at the same time: , can be suspended. Among them, the issuance is suspended for those under 18 years old, pregnant women and those over 75 years old:
(1) Those who have committed relatively minor crimes;
(2) Those who have shown repentance;< /p>
(3) There is no risk of committing another crime;
(4) The suspended sentence will have no significant adverse impact on the community where he or she lives.
A suspended sentence can be announced based on the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places, and contacting specific people during the probation period.
If a criminal who has been sentenced to probation is sentenced to an additional penalty, the additional penalty must still be executed.