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What is the meaning of reprieve for those sentenced to probation? (Is there any difference between sentenced to criminal detention and suspended sentence?)

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What is the meaning of reprieve for those sentenced to probation? (Is there any difference between sentenced to criminal detention and suspended sentence?)


        

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  • 2024-06-10 07:00:03

    In order to better deal with the legal problems that may occur in life, we need to learn some relevant legal knowledge. In order to help you better understand some relevant legal knowledge, we have sorted out some legal content related to the difference between suspended sentence and detention, and between suspended sentence and suspended death sentence. Let's take a look.

    Which is heavier to be sentenced to probation or detention

    According to the law, the nature of criminal detention and probation is different. Criminal detention is a kind of free punishment, while probation is a way of execution different from the actual sentence.

    Probation is applicable when the following conditions are met.

    1. The original sentence is criminal detention or imprisonment of less than 3 years;

    2. The perpetrator is not a recidivist;

    3. According to the circumstances of the crime and the performance of repentance of the offender, the application of probation is really not intended to harm society any more.

    The Criminal Law stipulates that for criminals whose sentences have been suspended, community corrections shall be carried out according to law during the probation period for suspension. If there are no circumstances specified in Article 77 of this Law, the original sentence will not be executed at the expiration of the probation period for suspension and will be publicly announced.

    How to punish the crime of theft

    The crime of theft refers to the act of stealing large amounts of public and private property or repeatedly stealing, entering the house to steal, carrying lethal weapons to steal, and picking up public and private property for the purpose of illegal possession.

    If the perpetrator constitutes the crime of theft, he shall be punished as follows:

    If the amount involved is relatively large, or if it has repeatedly stolen, entered the house, or carried lethal weapons, it shall generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined;

    If the amount involved is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

    Whoever steals a relatively large amount of public or private property, or repeatedly steals, enters the house to steal, or steals with lethal weapons, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined;

    If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined;

    If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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    2024-06-10 07:00:03

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