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Why the sentence of three years cannot be suspended

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Why the sentence of three years cannot be suspended


        

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  • 2024-06-02 09:00:49

    A three-year sentence is not necessarily a suspended sentence. Only those who meet the conditions for suspension can be sentenced to a suspended sentence:

    (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.

    [Legal Basis]

    In Article 72 of the Criminal Law, 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 a suspension of sentence shall be announced 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.

    When a suspension of sentence is declared, it may, according to the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas and places and contacting specific people during the probation period for suspension of sentence.

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

    A***

    2024-06-02 09:00:49

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