The detention center was released a few days after the court sentenced him to probation

According to China s relevant laws, if a criminal suspect in custody is sentenced to probation, the court first changes the compulsory measures and immediately informs the public security organ. The public security organ immediately handles the release formalities. This period is generally within 24 hours.

Article 134 The people s court of first instance judges that the defendant is not guilty, does not bear criminal responsibility or is exempted from criminal punishment. If the defendant is in custody, he shall be released immediately after the sentence is pronounced.

In other words, the probation is based on the premise that the criminals have been sentenced, and then considers the criminal s penitence performance, determines whether it is placed in society and does not harm the society, and decides whether to implement the punishment. The key to accurately grasping the application lies in how to determine that the sentenced criminals really do not endanger the society.

In trial practice, it is entirely up to the people s court to decide whether to apply probation. Because there is no uniform standard for really no harm to the society , some consider the circumstances of the defendant s crimes, the performance of remorse after the crime, the attitude of the victim, etc. In determining the performance of confession, the defendants are mostly considered whether they have statutory concessions (such as surrender, meritorious service, accomplices, minors), whether to return the loss or compensation, or to compensate the victim for the loss, whether to pay the penalty, etc. Some even consider the factors of the defendant s unsuitable imprisonment (such as illness), family factors (such as the need to support the elderly, raise children) and other illegal objective factors associated with the defendant as the applicable probation factors.

If a criminal suspect in custody is sentenced to probation, the court first changes the compulsory measures and immediately informs the public security organ. The public security organ immediately handles the release formalities. This period is generally within 24 hours.

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