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Can I go somewhere else during the probation period?
During the probation period, you must report to the inspection organ for approval, otherwise you can't leave your residence and go to other places.
Probation refers to the system that criminals sentenced to a certain penalty execute the sentenced penalty unconditionally within a certain period of time, which is the suspension of the execution of the penalty. The form of its execution is to declare that the offender has violated the criminal law and is confirmed by legal procedures to have constituted a crime and should be punished, and the sentenced punishment will not be executed for the time being. Probation is not a punishment, but a way of execution. Probation and suspended execution of death penalty are completely different concepts, which need to be distinguished in understanding and application.
The object of general probation must be a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years. Generally speaking, criminals sentenced to fixed-term imprisonment of less than three years. Its crimes are relatively light and its legitimate rights and interests are less violated. On the contrary, criminals sentenced to more than three years in prison generally say that the crime is heavier. Whether it is infringement of legal interests or personal danger, it is relatively large. Therefore, probation can only be applied to criminals who are sentenced to a lighter punishment because of their minor crimes and great personal danger. The fixed-term imprisonment of less than three years here refers to the declared punishment rather than the statutory punishment. Even if the minimum legal penalty for a crime committed by a criminal is fixed-term imprisonment of not less than three years, if there are mitigating circumstances, the declared penalty is fixed-term imprisonment of not more than three years, and probation can also be applied.
Whether the criminal is guilty of one crime or several crimes is not the key to decide whether to suspend the sentence. Even if he has committed several crimes, as long as the total sentence meets the conditions of probation, probation can be applied. For criminals who are sentenced to public surveillance for relatively minor crimes, it is not necessary to apply probation because the public surveillance punishment is determined by the characteristics of not detaining criminals but limiting their freedom. According to the experience of trial practice, probation is generally applicable to minor crimes such as traffic accidents, liability accidents, bigamy, maltreatment, injury, obstruction of official duties and selling stolen goods. For serious criminal crimes such as rape and robbery, probation is generally not suitable.
laws and regulations
Criminal law of the people's Republic of China
Article 76. A criminal who has been declared suspended shall, within the probation period, accept community correction according to law. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will not be executed, and an announcement will be made.
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