The applicable conditions refer to 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;
(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.
According to Article 232 of the Criminal Law of People's Republic of China (PRC), the crime of intentional homicide. Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Extended data
With reference to Article 49 of the Criminal Law of People's Republic of China (PRC), restrictions on the object of application of the death penalty. The death penalty is not applicable to people under 18 years of age at the time of the crime and women who are pregnant at the time of trial. The death penalty does not apply to people who have reached the age of 75 at the time of trial, except those who cause death by particularly cruel means.
Referring to Article 67 of the Criminal Law of People's Republic of China (PRC), he surrendered himself. A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself. Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
According to Article 261 of the Criminal Procedure Law of People's Republic of China (PRC), the death penalty sentenced and approved by the Supreme People's Court shall be executed immediately by the order of President the Supreme People's Court.
If a criminal sentenced to death with a two-year reprieve did not intentionally commit a crime during the reprieve, and his sentence should be commuted after the expiration of the reprieve, the executing organ shall put forward written opinions and submit them to the Higher People's Court for ruling; If the crime is intentional and the circumstances are bad and it is verified that the death penalty should be executed, the Higher People's Court shall report it to the Supreme People's Court for approval; If the death penalty is not executed due to intentional crime, the suspended execution period of death penalty shall be recalculated and reported to the Supreme People's Court for the record.
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law