Referring to Article 72 of the Criminal Law of People's Republic of China (PRC), the applicable conditions of probation are: criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years can be suspended, and those under the age of 18, pregnant women and those who have reached the age of 75 should be suspended:
(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.
With reference to the provisions of Article 202nd of the Criminal Procedure Law of People's Republic of China (PRC), a public verdict was pronounced. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.
According to Article 203 of the Criminal Procedure Law of People's Republic of China (PRC), the judgment shall be signed by the judge and the clerk, and the time limit for appeal and the court of appeal shall be specified.
Extended data
According to Article 73 of the Criminal Law of People's Republic of China (PRC), the probation period of probation for criminal detention is more than one year and less than two months. The probation period of probation for fixed-term imprisonment shall be not less than the original sentence but not less than five years, but not less than one year. The probation period of probation shall be counted from the date when the judgment is determined.
According to Article 74 of the Criminal Law of People's Republic of China (PRC), probation is not applicable to recidivists and ringleaders of criminal groups.
According to the provisions of Article 75 of the Criminal Law of People's Republic of China (PRC), criminals who have been declared 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.
According to the provisions of Article 76 of the Criminal Law of People's Republic of China (PRC), the application of probation and its positive consequences: within the probation period of probation, criminals shall be subject to community correction according to law. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will no longer be executed, and it will be publicly announced.
With reference to Article 77 of the Criminal Law of People's Republic of China (PRC), the suspension of probation and its handling: If a criminal who has been suspended commits a new crime within the probation period of probation or finds that there are other crimes that have not been sentenced before sentencing, the suspension of probation shall be revoked, and a judgment shall be made on the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 69 of this Law.
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.
Fuzhou Municipal People's Government-People's Republic of China (PRC) Criminal Procedure Law
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law