According to the relevant laws and regulations, persons who have been criminally punished according to law shall truthfully report to the relevant units that they have been criminally punished when they join the army or are employed, and shall not conceal it. If the perpetrator is sentenced to probation, it means that he has been criminally punished, and the employer can take the initiative to terminate the labor contract.
1. How can I not let the unit know about the probation for drunk driving?
After being sentenced to probation, the court may notify the defendant's unit or not.
As far as the sentenced person is concerned, there is no mandatory provision in law on whether the judgment should be delivered to the defendant's unit after it takes effect, but it can be delivered to the police station at the original residence instead of the unit.
Article 247 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC): If the sentence is pronounced in court, it shall be delivered within five days. If a sentence is pronounced regularly, the time and place of the sentence shall be announced in advance before the sentence is pronounced, and the parties concerned shall be summoned to inform the public prosecutor, legal representative, defender and agent ad litem; After the judgment is pronounced, it shall be served immediately.
The written judgment shall be served on the people's procuratorate, the parties and their legal representatives, defenders and agents ad litem, and may also be served on the close relatives of the defendant. After the judgment comes into effect, it shall also be served on the defendant's unit or the local police station or the registration authority of the defendant's unit.
2. Do I have to notify the unit of probation for drunk driving?
The judgment court will choose the mode of service according to the actual situation of the case, usually direct service. Whether to notify the unit or not needs to be served according to the addressee selected by the defendant in the trial procedure. Drunk driving is sentenced to probation, and the unit generally does not inform.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 247 If a verdict is pronounced in court, it shall be served within five days. If a sentence is pronounced regularly, the time and place of the sentence shall be announced in advance before the sentence is pronounced, and the parties concerned shall be summoned to inform the public prosecutor, legal representative, defender and agent ad litem; After the judgment is pronounced, it shall be served immediately.
The written judgment shall be served on the people's procuratorate, the parties and their legal representatives, defenders and agents ad litem, and may also be served on the close relatives of the defendant. After the judgment comes into effect, it shall also be served on the defendant's unit or the local police station or the registration authority of the defendant's unit.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 72 of the criminal law
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;
(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.