Conditions for applying for probation:
(a) the circumstances of the crime are relatively minor.
(2) expressing 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.
Second, probation does not mean nothing.
After committing the crime, the court sentenced him to probation. Because it is a suspended criminal punishment, criminals don't have to serve their sentences in prison, which is equivalent to restoring their freedom, so some people think that they are all right. However, the probation imposed by the court must comply with the regulations on probation management, and violators shall be punished according to the original judgment.
First of all, being sentenced to probation by the court means suspending the execution of the penalty without immediate execution.
However, being sentenced to probation does not mean "nothing" and needs community correction management. Criminals are subject to the following restrictions:
1, personal activities should be reported regularly;
2, personal reception, to comply with the regulations;
3. Personal residence, including leaving the residence or moving, must be approved.
Two, one of the following circumstances, will revoke the probation:
1. During the probation period of probation, the criminal commits a new crime or finds other criminal acts, but has not yet been pronounced;
2, in violation of laws and administrative regulations during the probation period, the circumstances are serious;
3. Violation of the supervision and management regulations of the relevant departments of the State Council on probation during the probation period, and the circumstances are serious;
4. Violating the prohibition order in the judgment of the people's court during the trial, and the circumstances are serious.
For criminals who may be sentenced to criminal detention, during the trial of the case by the court, the criminal's defense lawyer may submit an application for probation. If the application is approved, as long as the prisoner does not commit illegal acts again during the execution of the penalty, he will generally not be required to execute the penalty of criminal detention.
Legal basis:
Article 72 of the Criminal Law of People's Republic of China (PRC), 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;
4) The announcement of probation has no significant adverse effect 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.