if a criminal who has been suspended is sentenced to additional punishment, the additional punishment must still be executed. Only when the prescribed conditions for probation are met can probation be applied. As for the conditions for the court to sentence probation. In practice, if you want to get probation, it is suggested that you entrust me to defend, so that the possibility of winning probation will be greater.

Legal basis

Conditions for sentencing to probation According to Article 72 of the current Criminal Law, "A criminal sentenced to criminal detention and fixed-term imprisonment of not more than three years may be sentenced to probation if he meets the following conditions at the same time. Among them, those under the age of 18, pregnant women and those who have reached the age of 75 shall be sentenced to probation: (1) The circumstances of the crime are relatively minor; (2) showing repentance; (3) There is no danger of committing another crime; (4) The announcement of probation has no significant adverse effect on the community where it lives. " Article 74 clearly stipulates that probation is not applicable to recidivists and ringleaders of criminal groups. That is to say, the application of general probation must meet the following conditions: first, criminals are sentenced to criminal detention or fixed-term imprisonment of less than three years; Second, according to the criminal's criminal circumstances and repentance, the court believes that not being detained will not endanger society again; Third, criminals are not recidivists or ringleaders of criminal groups. For criminals who meet the conditions for probation, one of the following circumstances exists: minors under the age of 18; Pregnant women; The criminal law clearly stipulates that probation must be applied to the elderly who have reached the age of 75, which embodies the people-oriented and humanitarian spirit. A suspended sentence may be declared according to the circumstances of the crime, and at the same time, criminals are prohibited from engaging in specific activities, entering specific areas and places, and contacting specific people

to win a suspended sentence

1. The applicable suspended sentence must be criminals sentenced to criminal detention or fixed-term imprisonment of not more than three years. 2. Probation must be applied to criminals who do show repentance and will not harm society again if they are not imprisoned. 3. Recidivists cannot apply probation. 4, go to court for probation 5, probation does not need to pay a guarantee, but you have to pay a fine.