Welcome toChinese Legal Research Net
Add to Favorites | Chinese
Of probation applicable with normative pre-test
From;    Author:Stand originally

Of probation applicable with normative pre-test

----From the applicable circumstance analysis of probation, those who read temporary suspension of the execution of a sentence is specific apply

Front courtyard of punishment of court of Tianjin city large port areaShi ChenJun Liuqing wave

The temporary suspension of the execution of a sentence that sets in our country criminal law, it is to point to to be being sentenced the criminal of 3 years of arrest battle, the following set term of imprisonments, according to guilty clue of the criminal and contrition expression, applicable probation does not send what jeopardize a society again really, can proclaim probation. Probation is a kind of penal system, is not a kind of penalty. In active law and judicatory explanation, to probation applicable have what set clearly " criminal law of People's Republic of China " the 72nd, the 74th, and " top people court about hearing minor criminal case specific application law the explanation of a certain number of problems " eleventh, the 16th. According to criminal law the 72nd, 74 regulation, guilty clue and contrition behave the convict that the condition of applicable probation must be 3 years of battle of the arrest that be sentenced, the following set term of imprisonments, basis, applicable probation is not sent really jeopardize a society again, and cannot be jailbird. " top people court about hearing minor criminal case specific application law the explanation of a certain number of problems " eleventh the 2nd regulation " to minor convict ought to according to criminal law the 61st regulation, the age when mature minor carries out the motive of criminality and purpose, crime, whether the first time the element such as experience of the contrition expression after crime, crime, personal growth and consistent performance, to according with the minor convict of probation condition, ought to lawfully applicable probation. The 16th regulation " accord with criminal law to minor convict of the 72nd the first section provision, can proclaim probation. If have one of following state at the same time, applicable to its probation does not send what jeopardize a society again really, ought to proclaim probation: (one) the first time crime; (2) of positive disgorge ill-gotten gains or pecuniary loss of compensatory the injured party; (3) have custody, side to teach a condition. (3) have custody, side to teach a condition..
Previous12 Next