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Sentenced to probation for a few days can be released from the detention center, depending on the case. If the defendant is detained in the detention center in the first instance and sentenced to probation by the court, he can come out immediately after the court pronounced the sentence. So in the end, it depends on the progress of the case. The pre-detention period of public security organs and procuratorates shall be calculated separately. For criminals sentenced to public surveillance, probation, parole or temporary execution outside prison, community correction shall be implemented according to law, and the community correction institution shall be responsible for the implementation.

Legal analysis

If the defendant is sentenced to probation by the court in the first instance, he can come out of the detention center after the court pronounced the sentence. After receiving the judgment of the court, the public security organ shall unconditionally go through the release procedures and issue a release certificate. A suspended criminal may leave the detention place before 24: 00 on the same day at the latest. When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. The pre-detention period of public security organs and procuratorates shall be calculated separately. The applicable object of probation is: 1, who is sentenced to criminal detention or short-term imprisonment; 2. The criminal does show repentance, and the court believes that the temporary suspension of the sentenced punishment will not endanger society again; 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."

legal ground

Article 269 of the Criminal Procedure Law of People's Republic of China (PRC), a criminal sentenced to public surveillance, probation, parole or temporary execution outside prison shall be subject to community correction according to law, and the community correction institution shall be responsible for the execution.

Article 72 of the Criminal Law of People's Republic of China (PRC) 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: (1) 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.