Suspended sentences for offenses
I still want to get away with it
Probation ≠ no sentence!
Basic facts of the case
On September 22, 2022, the Liling Municipal People's Court sentenced the criminal Wu Moumou to two years in prison with a three-year suspended sentence for the crime of illegally storing explosives. The period of community corrections is from October 9, 2022 to October 8, 2025.
However, during the period of receiving community corrections, Wu Moumou failed to locate and sign in during the specified time period as required many times, and the Liling City Community Corrections Administration gave a reprimand and a warning on February 7 and June 21, 2023, respectively. On July 13, 2023, Wu Moumou was administratively detained for 15 days by the Liling Municipal Public Security Bureau for illegally transporting explosives.
On July 17, 2023, the Liling Municipal Community Corrections Administration submitted a written recommendation to the Liling Municipal People's Court to revoke the suspended sentence of convict Wu Moumou.
Verdict
After hearing the case, the Liling City People's Court held that Wu Moumou was sentenced for the crime of illegally storing explosives, illegally transported explosives in violation of the law during the probation period, and was administratively punished, violating Article 28 of the "Community Corrections Law of the People's Republic of China", and the circumstances were serious, and the suspended sentence should be revoked and the original sentence should be enforced. On July 31, 2023, the Liling Municipal People's Court ruled in accordance with law to revoke the part of the execution of the three-year suspended sentence for Wu Moumou, and to enforce the original sentence of two years in prison.
remind
Suspended sentence refers to the system of conditionally not carrying out the sentence imposed on a convict who has been sentenced to a certain sentence for a certain period of time, and is a suspension of the execution of the sentence. For criminals who have been given a suspended sentence, community corrections are to be carried out in accordance with law during the probationary period of the suspended sentence. Suspended sentence is a system established by applying the criminal policy of combining punishment with leniency and punishment with education and reform in mainland criminal law.
The application of suspended sentences not only shows the state's negative evaluation of criminals and their crimes, but also reflects a certain leniency policy towards criminals.
Giving criminals a chance to repent and rehabilitate on the basis of maintaining the validity of the original sentence is conducive to educating and reforming criminals, and fully embodies the humanitarian spirit of the mainland's criminal law. However, being sentenced to a suspended sentence does not mean that you do not have to accept the punishment of the law, and if you ignore the majesty of the law, challenge the bottom line of the law, and do not repent, you are very likely to be imprisoned in accordance with the law. If you have violated the criminal law, please cherish the opportunity to receive community corrections that does not interfere with your normal study and work.
Links to legal provisions
Article 75 of the Criminal Law of the People's Republic of China
Criminals who have been given a suspended sentence shall comply with the following provisions:
(1) Comply with laws and administrative regulations, and obey supervision;
(2) Report on their own activities in accordance with the provisions of the inspection organ;
(3) Comply with the regulations of the inspection organ on receiving visitors;
(4) Leaving the city or county where they live or relocating shall be reported to the inspection organ for approval.
Article 77, paragraph 2, of the People's Republic of China Criminal Law
Where a criminal who has been given a suspended sentence violates laws, administrative regulations, or the provisions of the relevant departments of the State Council on the supervision and management of suspended sentences, or violates the injunction in a people's court's judgment, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.
Article 46 of the Measures for the Implementation of the Community Corrections Law of the People's Republic of China
In any of the following circumstances during the probationary period of a suspended sentence, the community corrections establishment at the same level as the place of enforcement is to submit a recommendation to revoke the suspended sentence:
(1) Violating an injunction, where the circumstances are serious;
(2) Failing to report for duty at the prescribed time without a legitimate reason, or leaving supervision during the period of receiving community corrections, for more than one month;
(3) Received a public security administrative punishment for violating oversight and management provisions, but still does not make corrections;
(4) Received two warnings from a community corrections establishment, but still do not make corrections;
(5) Other situations where relevant laws, administrative regulations, and oversight and management provisions are violated, and the circumstances are serious.
Probation is also a "sentence"
"Freedom" beyond the walls does not mean complete freedom
Persons sentenced to probation
The regulations should be strictly followed
Knowing and respecting, knowing discipline, and cherishing freedom
Don't defy the law
Send yourself inside the "high walls" again
Source: Liling release
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