Probation, the full name of suspended execution of punishment, means that the perpetrator who violates the criminal law and is confirmed by legal procedures to have constituted a crime and should be punished by punishment is convicted first and not executed temporarily.
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.
Criminal cases are divided into three stages: public security investigation stage, examination and prosecution stage and court trial stage.
First, the investigation stage:
Criminal suspects are held in detention centers, and relatives are generally not allowed to meet.
Lawyers can:
1, meet each other, convey the information of both parties within the scope allowed by the lawyer, and appease the frightened criminal suspect;
2. Provide legal advice;
3. Apply for bail pending trial, etc.
Second, the review and prosecution stage:
Lawyers can apply for marking papers, understand the specific case, what evidence the judicial organs have, and formulate defense strategies in time.
Third, the trial stage: this is the most critical stage.
Lawyers implement defense strategies according to the case, argue with public prosecution agencies, and persuade judges to adopt their own defense opinions through facts and laws, so as to make the trial develop in favor of the criminal suspect and strive for innocence or lighter punishment for the criminal suspect.
To sum up, a defendant sentenced to fixed-term imprisonment of not more than three years or criminal detention can be suspended if he meets the four conditions of minor crime, penitence, no danger of recidivism and no significant adverse impact on the community where he lives.
Legal basis:
Criminal law of the people's Republic of China
Article 72
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.