Probation is applicable to fixed-term imprisonment of less than 3 years (in the case of a fixed-term imprisonment that is decided when multiple crimes are punished concurrently, if one of the crimes has a suspended sentence, the principle of absorption should be added so that the probation is no longer enforced). Probation is not applicable to long-term imprisonment, life imprisonment, recidivism, and the chief element of a criminal group. Another: The two-year suspension of execution of a death sentence is usually called death of reprieve, which means that you are put in prison and pay attention to the distinction.
The application of probation is based on the premise that the criminals have been sentenced to punishment, then consider the criminal s penitence performance, determine whether they are placed in the society and do not harm the society, and decide 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 los s, whether to pay the penalty, etc. as factors to consider. 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.
Only focused on the subjective consciousness of the defendant s confession, lacked investigation and understanding of the defendant s usual performance, and ignored the consideration of objective conditions such as the supervision, help, and reform of the probation offender. Because of this, some relatives of the accused expressed their willingness to pay more fines and compensation for the loss of imprisonment in order to enable the accused to apply probation and imprisonment, and to reflect the defendant s confession attitude with the payment of money, so that it became an exchange condition for probation. Some organizations are out of all kinds of relationships between the defendant s relatives, which is unreasonable, and proves that the defendant has performed well. Some gang organizations have stayed on the paper, and they are just fakes. A few gang members even Don t know who is being taught; etc. These realities do not indicate the authenticity of the defendant s confession, nor can they truthfully reflect the objective conditions for the application of probation, and provide the judge with all kinds of falsehoods, which has caused the judge to deviate when considering the application of the probation to the defendant.
Therefore, he said that whether the defendant sincerely regretted the case and whether the probation did not endanger the society is essentially in an uncertain state, which needs to be determined in future inspections. However, the current probation system puts this pending state in advance for the judge to determine, and it is indeed difficult to accurately grasp it, so that re-offending may occur from time to time during probation, or even retaliatory crime. It is also easy for the judges to abuse their powers and apply probation blindly, resulting in light sentences for felony crimes, making some criminals avoid the punishment they deserve and undermining the seriousness of the law.