What should be paid attention to in repealing probation proceedings

If a criminal who has been probation sentenced finds that there are other crimes that have not been judged before the sentence is announced within the probation test period, the probation should be revoked, that is, the probation should be revoked if a missing crime is found . Before the judgment is pronounced here means before the announcement of the effective judgment, or before the announcement of the ineffective judgment, or if it has other meanings and needs to be clarified, otherwise there may be a blank period on how to deal with probationers.

Before the judgment is pronounced should be understood as before the judgment takes effect, that is, before the judgment is finalized. The probation test period is calculated from the date on which the sentence is determined. Therefore, the date on which the sentence is determined is the time when the probation test begins. A new crime is committed only after the probation test begins. The date on which the judgment is determined refers to the date on which the judgment takes effect.

1. New crimes will be committed during probation. The new crime here is relative to the convicted crime. It includes both intentional crime and negligent crime, and includes both the same kind of crime and different kinds of crime. As long as the probationer commits a new crime during the probation test, the probation should be revoked according to law, and the new crime and the original sentence should be implemented.

2. Missed crime was found during probation. It was found that there were no other sentences before the verdict was announced, indicating that the criminals concealed some of the crimes, did not plead guilty and sincerely confessed their sins. The probation should be revoked according to law, and several crimes should be imposed and punished for the omission and original sentence.

3. Serious violations of law during probation. Criminals who have been sentenced to probation shall, in the probation period, violate laws, administrative regulations or the provisions of the State Council s public security department on probation supervision and management. If the circumstances are serious, the probation shall also be revoked according to law, and the original sentence shall be imposed.

Leave a Reply

Your email address will not be published. Required fields are marked *