Legal analysis
According to the criminal law, anyone who opens a casino in China shall be sentenced to fixed-term imprisonment of not more than five years. Therefore, if it is in China, the actual sentence may not meet the applicable premise of probation. However, the title is "Agent". From a qualitative point of view, it should belong to the behavior of "organizing citizens to participate in casinos opened overseas". The statutory punishment is "fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine". Therefore, it generally meets the applicable premise of probation. On the basis of meeting the premise, examine whether it meets all the conditions stipulated in Article 72 of the Criminal Law at the same time, and comprehensively express the purpose of the topic.
In any case, if the sentencing proposal of the procuratorate is the "final version", under normal circumstances, the court will not reject it unless there are problems with the constitution of the crime and procedural justice. Therefore, in the stage of bail pending trial, if it is still in the investigation stage, it is necessary to actively cooperate with the investigation. If it is in the stage of review and prosecution, it is necessary to try to let the procuratorate issue a suspended sentence.
legal ground
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: (1) 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.
Adopt Article 40 of the Guiding Opinions on Applying the System of Pleading Guilty and Accepting Punishment with Leniency. The people's court shall examine the sentencing suggestions put forward by the people's procuratorate according to law. If the facts are clear, the evidence is true and sufficient, the accusation is accurate and the sentencing suggestion is appropriate, the people's court shall adopt it. In any of the following circumstances, it shall not be adopted:
(a) the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleads guilty against his will;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.
If the facts of the charges made by the people's procuratorate are clear and the sentencing suggestions are appropriate, but the charges charged are inconsistent with the charges found in the trial, the people's court may listen to the opinions of the people's procuratorate, the defendant and his defenders on the charges found in the trial and make a judgment according to law.
If the people's court does not adopt the sentencing suggestions of the people's procuratorate, it shall explain the reasons and basis.