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Can a recidivist sentenced to criminal detention be subject to probation

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Can a recidivist sentenced to criminal detention be subject to probation


        

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  • 2024-05-28 15:00:53

    Recidivists cannot be suspended. According to the provisions of the Criminal Law, given that recidivists have been subject to criminal punishment, knowingly commit the same crime and commit the same crime again, the subjective malignancy is deep, the personal danger is great, and they are very likely to harm society again, which does not meet the substantive requirements of probation. Recidivists shall be given heavier punishment, and probation shall not be applied to recidivists and ringleaders of criminal groups.

    [Legal Basis]

    In Article 65 of the Criminal Law, if a criminal who has been sentenced to a punishment of not less than fixed-term imprisonment commits another crime that should be sentenced to a punishment of not less than fixed-term imprisonment within five years after the completion of the sentence or a pardon, he is a recidivist and shall be given a heavier punishment, except for negligent crimes and crimes committed by persons under the age of 18.

    The time limit specified in the preceding paragraph shall be counted from the date of expiration of the parole period for the criminal who is paroled.

    According to Article 66 of the Criminal Law, criminals who commit crimes against national security, terrorist activities or underworld organization crimes at any time after the completion of punishment or pardon shall be punished as recidivists.

    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.

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