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What is the meaning of one year's sentence, one year's probation

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What is the meaning of one year's sentence, one year's probation


        

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  • 2024-06-18 09:00:49

    Sentenced one year, suspended for one year, means that no crime will be committed within one year after the sentence, and the original sentence will not be executed.

    Community correction shall be carried out according to law during the probation period of probation. If no crime is committed during the probation period of one year, it is not necessary to execute the original term of imprisonment after the probation period expires. If another crime is committed during the one-year trial period, it will be punished together with the new crime. The object of probation must be a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years, and the circumstances of the crime are minor.

    Sentencing one year and probation one year is just one kind of probation. Although the person sentenced to probation is guilty, he does not need to go to prison, but accepts social transformation, which is a more humanistic arrangement.

    Legal basis

    Article 76 of the Criminal Law of the People's Republic of China [Trial of Probation and Its Positive Consequences] For criminals who have announced suspension of sentence, community correction shall be carried out according to law during the probation period for suspension of sentence. If there is no circumstance specified in Article 77 of this Law, the original sentence will not be executed at the expiration of the probation period for suspension of sentence and will be announced publicly.

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