How can we fight for probation?

1、 How can we win probation ?

1. The way to strive for being announced for execution of probation is to submit relevant certificates to the court to prove that they meet the conditions for execution of probation evidence

《 criminal law 》Article 72

For being sentenced criminal detention Less than three years fixed-term imprisonment If at the same time the following conditions are met, a suspension of sentence may be declared, and suspension of sentence shall be declared for those under the age of 18, pregnant women and those who have reached the age of 75:

（1） The circumstances of the crime are relatively minor;

（2） Show repentance;

（3） There is no danger of committing another crime;

（4） Proclamation of probation has no significant adverse impact on the community where they live.

A suspension of sentence may be pronounced according to the circumstances of the crime, and criminals may be prohibited from Probation period Engage in specific activities, enter specific areas and places, and contact specific people within limits.

If a supplementary punishment is imposed on a criminal whose sentence is suspended, the supplementary punishment must still be executed.

2. Conditions of probation

(1) The object of probation must be criminals sentenced to criminal detention or fixed-term imprisonment of less than three years. Criminals sentenced to fixed-term imprisonment of more than three years cannot be suspended because their crimes are relatively serious, their social harmfulness is greater, and they are not suitable for execution in society.

(2) Criminals who apply suspension of sentence must have relatively minor criminal circumstances, show good repentance, and do not really harm society when placed in society.

(3) According to the Criminal Law of China recidivism Probation cannot be applied. This is because recidivists refuse to mend their ways after repeated admonitions, are deeply subjective and dangerous.

If a suspended criminal is sentenced to a supplementary punishment in addition to the principal punishment, the supplementary punishment shall still be executed, and shall not be affected by the suspension of the principal punishment.

2、 How to execute probation?

1. The court shall deliver the suspended sentence to the relevant authorities for execution.

After the judgment declaring the suspension of sentence becomes legally effective, the people's court shall judgment The notice of execution shall be delivered to the public security organ in the place where the criminal is located, and the public security organ shall transfer the criminal to the unit or grass-roots organization for investigation.

2. For a criminal sentenced to suspension of sentence, the probation period of suspension shall be announced at the same time when the suspension is announced.

The probation period for suspension of criminal detention shall be not less than the original sentence but not more than one year, but not less than two months; The probation period for suspension of fixed-term imprisonment shall be not less than the original sentence but not more than five years, but not less than one year. The probation period for suspension of sentence shall be counted from the day the judgment is determined. The date on which the judgment is confirmed refers to the date on which the judgment becomes legally effective, even if the criminal has been punished before the judgment becomes legally effective take into custody The period of custody shall not be counted into the probation period of probation, nor shall the period of prior custody be converted into the probation period of probation.

The first condition that can be announced for execution of probation is that the conditions for execution of probation stipulated in the Criminal Law have been met. If the corresponding conditions are met, even if the criminals do not apply for suspension of execution, the court may directly announce the execution of suspension. In order to submit the probability of being executed, it is better to submit relevant authentic materials to the court to prove that they meet the conditions for suspension of execution.