1. What are the signs of pretrial probation?
There is no special sign that a criminal case may be sentenced to probation before the trial. No one can unilaterally decide that a suspended sentence can be granted without a court session and a people's court hearing. If the sentence is fixed-term imprisonment of less than three years, the circumstances of the crime are minor, repentance and confession are good, and probation is more likely.
Legal basis:
Article 72 of the Criminal Law of People's Republic of China (PRC)
Applicable conditions 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. Among them, people under 18 years old, pregnant women and people over 75 years old should stop taking:
(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.
2. What regulations should I abide by during the probation period?
(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.
In addition, for criminals who have been suspended, community correction should be implemented according to law during the probation period. If there is no legal provision and the probation period of probation expires, the original sentence will not be executed and will be publicly announced.
If, during the probation period of probation, a criminal who has been suspended commits a new crime or finds that other crimes have not been sentenced before the verdict is pronounced, the probation shall be revoked, a verdict shall be made on the newly committed crime or newly discovered crime, and the applicable punishment for the former crime and the latter crime shall be decided according to the provisions on combined punishment for several crimes.
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.
3. Can I go to other places during the probation period?
Generally speaking, you can't leave the place of correction. You can apply to the judicial authorities for permission before leaving the designated area. A suspended criminal who leaves the city or county where he lives or moves shall be reported to the procuratorial organ for approval. Probation is a system in which a specific investigation organ inspects criminals during a certain trial period and decides whether to apply a specific penalty according to their performance during the trial period. During the probation period of probation, criminals who have been declared suspended may commit new crimes, find that they have missed the sentence, or commit serious illegal acts, which may be the conditions for revoking the probation. In addition, the effect of probation is not as good as that of additional punishment, that is, whether the probation is revoked or not, the additional punishment imposed must be executed.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 65 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply supplementary punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial and residential surveillance shall be carried out by public security organs.