Probation refers to the system that criminals sentenced to a certain penalty execute the sentenced penalty unconditionally within a certain period of time, which is the suspension of the execution of the penalty. The form of its execution is to declare that the offender has violated the criminal law and is confirmed by legal procedures to have constituted a crime and should be punished, and the sentenced punishment will not be executed for the time being. Probation is not a punishment, but a way of execution. Probation and suspended execution of death penalty are completely different concepts, which need to be distinguished in understanding and application. Minors under the age of eighteen; Pregnant women; The criminal law clearly stipulates that probation must be applied to the elderly who have reached the age of 75, which embodies the people-oriented and humanitarian spirit. Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed. For criminals who have been suspended, community correction shall be carried out according to law within the probation period of probation. When the probation expires, the original sentence will not be executed and will be announced publicly. If a criminal who has been suspended commits a new crime or finds that other crimes have not been sentenced within the probation period, the suspended sentence shall be revoked, a judgment shall be made on the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided. If a criminal who has been suspended violates laws, administrative regulations or the supervision and administration regulations of the relevant departments of the State Council on probation, or violates the prohibition order in the judgment of the people's court, his probation shall be revoked and the original judgment shall be executed.
Provisions to be observed in Article 75 of the Criminal Law of People's Republic of China (PRC). A criminal who has been suspended shall abide by the following provisions:
(1) Abide by laws and administrative regulations and obey supervision;
(2) to report their own activities according to the provisions of the inspection organ;
(three) to comply with the provisions of the inspection organ on the reception of visitors;
(four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.