Legal analysis
According to the relevant laws and regulations, sentencing suggestions have the opportunity to win probation, but it is necessary to strictly grasp the application of probation and exemption from criminal punishment in duty crime cases. The application of punishment in duty crime cases is directly related to the actual effect of anti-corruption work. People's courts and people's procuratorates should deeply understand the serious social harm of duty crimes, correctly implement the criminal policy of combining leniency with severity, and give full play to the punishment and prevention functions of punishment. On the basis of fully grasping the criminal facts and sentencing circumstances, probation and exemption from criminal punishment shall be applied in strict accordance with the conditions stipulated in the criminal law, taking into account both leniency and severity; It is necessary to ensure that the penalty is equivalent to the crime, and the penalty execution method is equivalent to the crime, effectively avoiding the negative impact caused by the application of probation and exemption from improper criminal punishment. The procuratorate has the power of procuratorial suggestion and judicial supervision, but the judicial power lies in the court. Prosecutorial suggestion is an important reference for judicial trial, but it is not the basis for judgment. There are laws to judge, and the judgment is in the court or collegiate bench. The sentencing book of the procuratorate does not recommend probation, and the court thinks that probation will be given if it is suitable. If the procuratorate thinks that the discretionary sentencing and penalty methods are improper, it can exercise the power of trial supervision, but it belongs to the next legal procedure.
legal ground
Criminal law of the people's Republic of China
Article 75 A criminal whose sentence is suspended shall abide by the following provisions: (1) Abide by laws and administrative regulations and obey supervision; (2) to report their own activities according to the provisions of the inspection organ; (three) to comply with the provisions of the inspection organ on the reception of visitors; (four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.
Article 75 A criminal whose sentence is suspended shall abide by the following provisions: (1) Abide by laws and administrative regulations and obey supervision; (2) to report their own activities according to the provisions of the inspection organ; (three) to comply with the provisions of the inspection organ on the reception of visitors; (four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.