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Analysis of the application and the punishment of probation（缓刑的分析应用程序和惩罚）
Analysis of the application and the punishment of probation
Song (15 years old chestnut of a (two 17-year-old, together with others with a knife robbed a college student was sentenced to three years imprisonment, suspended for five-year implementation. Reason is that they are minors, from the present case may reflect suspended as a penalty system, in actual operation, suspended legislation applicable to the substantive elements over the principle of probation, suspended for discretion is difficult to grasp is the main reason there is a problem, but the actual formation of some of the practices they can not completely probation system development, so that the sentence of probation system and the implementation of reform and innovation is not contrary to legal principles must be based on the modification, improvement, as follows:
A clear application of conditions to enhance the controllability of probation Criminal law should be the three principle conditions of probation for three specific requirements for the refinement, the application of probation must meet the following three conditions: 1, an offense of a non-vicious crimes may be sentenced to three years imprisonment or criminal detention. 2 , has the following circumstances: criminal negligence, turned himself in after committing a crime, meritorious service, and an accomplice, coerced, committed a minor crime, and no adult or mental disorders, loss of compensation to the victim or the victim requests exemption from criminal sanctions, first offense, Oufan of .3, the penalty is not received, not received or more than three years of reeducation through labor law and order punishment.
Conditions of probation apply to the above changes for the following reasons: First, a vicious crime detrimental to society, has always been the focus of the object of attack, the perpetrator involved in a vicious criminal, indicating a greater subjective evil, there is a big hidden danger, applicable to the community
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