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:
1, the circumstances of the crime are relatively minor;
2. Have 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 you live.
However, not all criminals sentenced to fixed-term imprisonment of less than three years are subject to probation, and the "discretion" is in the hands of judges, and even if they are sentenced to one or two years, they will not be given probation.
If you actively compensate (medical expenses, medical expenses, etc.), even if there is a letter of understanding, the judge will still recognize the fact of compensation, which is a manifestation of repentance and civil liability. When sentencing, the judge will consider it as appropriate. Without compensation, probation may be difficult. The law does not stipulate that the key to probation is to obtain the victim's letter of understanding.
Sentencing standard of traffic accident crime;
According to Article 133rd of the Criminal Law of People's Republic of China (PRC):
In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents stipulates that a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
1, if one person dies or seriously injures more than three people, he shall bear all or main responsibility for the accident;
2, more than three people died, bear the same responsibility for the accident;
3. Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
Extended data:
Surrender of traffic accident crime;
China's criminal law stipulates that criminals themselves surrender themselves directly to judicial organs; Criminals surrender themselves to their units or other responsible persons; Criminals are brought to justice; As long as the facts of the crime can be truthfully explained after being brought to justice and accepted by the judicial organs for examination and judgment, it should be considered as surrender.
The Road Traffic Law stipulates that after an accident, the driver's obligation should be to stop immediately, protect the scene and report to the public security organ promptly. An accident is a major accident, and its consequences reach the level of criminal responsibility, which constitutes a crime. The provisions of China's criminal law on surrender do not impose any restrictions on the crime of surrender.
Therefore, after the perpetrator committed a negligent crime, that is, after the accident, the driver actively rescued the casualties, surrendered himself to the traffic management department, and truthfully stated the facts. His behavior met the conditions for the establishment of surrender, which should be considered as a surrender plot according to law.
Baidu Encyclopedia-China People and China Criminal Law
Baidu Encyclopedia-Provisions of the Supreme People's Court on the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents
Baidu encyclopedia-traffic accident crime