A Brief Introduction to the system of probation
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- Last updated：2019-01-03
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A Brief Introduction to the system of probation:
1. What is probation?
The term refers to suspend the executions of sentence for light offenses. If the offender has demonstrated that his or her criminal behavior has disappeared in a certain period of time and there is no need to execute the punishment, the execution of the punishment will be omitted. This measure is mainly used to treat the occasional offenders, first offenders, and negligent offenders. Negatively, it can prevent the light offenders from catching bad habits in a jail during the brief deprivation of freedom. Positively, this measure can maintain the offender's dignity to prompt his or her repentance.
2. There are three requirements for probation prescribed in Article 74 of the Criminal Code:
(1) One who is sentenced to not more than two years imprisonment, detention, or fines.
(2) One who has never sentenced to imprisonment or has served it although he or she has been given a Fixed term of sentence and has not received another fixed term of sentence in five years.
(3) The judge considers that suspension of the execution of sentence is proper.
Under these three conditions, a judge may declare a Probation for not less than two years but not more than five years During the period, the defendant does not need to serve the imprisonment or pay fines, After the probation period comes to an end, the original punishment loses its validity unless the judge has revoked the decision of the probation.
3. The so-called “Suspension of execution of sentence is proper:
This is up to the judge's discretion based on an item-by-item consideration of the defendant's character, age, occupation, education, family, the severity of the crime, and the defendant's attitude after committing the crime. A defendant has no right to make such a petition during the trial How ever, the defendant may describe his or her condition for the judge's reference.
4. Revocation of Probation:
(1) The judge may revoke the probation if the defendant has intentionally committed a crime during probation period and has been given a fixed term of sentence or he or she has intentionally committed a crime before the probation and has been given a fixed term of sentence within the probation period. no revocation shall be made if the crime is not premeditated.
(2) When a judge declares probation if the person subjected to probation and restrictions has seriously violated the rules of probation or the restrictions, a prosecutor may petition the judge to revoke the declaration of probation.