First, before the court decides, the judge reads out the documents and examines the evidence. If it is preliminarily considered that the facts are clear and the evidence is conclusive, and the defendant can be sentenced to fixed-term imprisonment of not more than three years or criminal detention according to law, which meets the conditions for probation, and the application of probation will no longer harm the society, the court may conduct relevant investigations on the application of probation to the defendant in advance, or entrust community correction institutions to conduct community correction investigations and issue opinions.

The above materials are complete, and the community agrees to carry out community correction on the defendant. The judge of the court probably has a preliminary opinion on whether to apply probation to the defendant. If the defendant pleads guilty and repents after the trial, the judge will make relevant preparations in advance, and the general judge will make a draft judgment document in advance and report the case to the leader in charge in advance. If the sentence can be pronounced in court, the defendant will be released in court.

This kind of situation is rare, because the case has not been tried, and it is generally not allowed to prejudge the conviction and sentencing, that is, the defendant cannot be convicted and sentenced without trial, so the procedure and efforts of sentencing in court require a lot of energy before the trial, which is rarely done in practice. Generally, sentencing in court is to highlight the trial effect and play a role in publicity and education.

Second, the court conducted the trial in accordance with the criminal procedure, and did not prepare for community correction and sentencing in court. After the trial, the judges put forward their opinions and decided to pronounce the sentence on another day, because it is still unknown whether the defendant is suitable for probation, and of course he cannot be released in court.

After the trial, if the court decides to apply probation to the defendant, it will announce the probation when it arrives at the detention center for sentencing, and serve a notice of immediate release to the detention center. In advance, the court will also contact the defendant's family to pick up the defendant outside the detention center. After verification by the detention center, the defendant will be released according to the court judgment and release notice.

The defendant who was sentenced to probation was released after the court, which is a normal state, except for the court release.