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Is it a warning to receive a suspended cross-border text message?
Trial standard:
One is sentenced to criminal detention or short-term imprisonment;
Second, criminals do show repentance, and the court believes that temporarily not executing the sentenced punishment will not endanger society again;
Third, criminals are not recidivists or ringleaders of criminal groups.
In other words, the application of probation is to consider the repentance of criminals under the premise that they have been sentenced to punishment, so as to determine whether it will really not harm society and decide whether to execute the punishment. How to accurately grasp the application, the key lies in how to determine that the sentenced criminal "does not really endanger society again." In the trial practice, it is entirely up to the people's court to decide whether to apply probation. Because there is no unified consideration standard for "not endangering society again", some people consider the plot of the defendant's crime, the performance of repentance after the crime, and the attitude of the victim. When determining the performance of repentance, more consideration should be given to whether the defendant has statutory mitigating circumstances (such as surrender, meritorious service, accessory, minor), whether to return stolen goods or compensate the victim for losses, whether to pay fines, etc. Some even consider some illegal and objective factors related to the defendant, such as factors that the defendant is not suitable for imprisonment (such as illness) and family factors (such as supporting the elderly and raising children), etc., as factors for applying probation.
legal ground
Article 72 of the Criminal Law stipulates that a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
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.
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