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Can I go abroad after the probation period?
1, has fulfilled the obligations stipulated in probation, such as paying fines and receiving psychological counseling.
2. It has been audited by the judicial department, and the audit results meet the exit criteria.
3. Relevant supporting documents have been obtained, such as court judgments and judicial department certificates.
4. Have obtained exit permit, such as visa.
The probation period usually includes the following contents:
1. The criminal voluntarily pleads guilty and repents, and there are other circumstances stipulated by law;
2. Criminals can compensate the victims for their losses and gain understanding;
3. Criminals have no criminal record before committing crimes, and can actively plead guilty, compensate for losses and show repentance after committing crimes;
4. The criminal has rendered meritorious service in cooperating with judicial organs to investigate criminal facts and expose other criminal acts;
5. Criminals have humanitarian circumstances such as old age, infirmity and serious illness.
The specific process of submitting a trial application is as follows:
1. The sentenced person or his agent submits a written application for probation to the local court. The application shall include the basic information of the sentenced person, the crime committed, the attitude of pleading guilty, the performance of reform, social relations and other contents;
2. The court will examine the application. The contents of the review mainly include the execution of the sentenced person's penalty, the performance of reform, social relations and so on.
3. The court will conduct a probation test to assess whether the sentenced person abides by the law, whether he seriously accepts education and labor reform, whether he actively participates in social welfare activities, and whether he will not commit crimes during the probation period;
4. After the expiration of probation, the court will decide whether to reduce or exempt the sentence according to the probation of the sentenced person.
To sum up, probation is a criminal system in which the court decides to suspend the execution of the penalty according to the criminal facts, social harm and personal performance of the criminals sentenced to fixed-term imprisonment, and gives a certain probation period and probation conditions. The purpose of probation is to promote the reform of criminals and reduce the harm to society, and it is also a humanitarian way of penalty execution.
Legal basis:
Article 72 of the Criminal Law of People's Republic of China (PRC)
Applicable conditions of probation 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. Among them, people under 18 years old, pregnant women and people over 75 years old should stop taking:
(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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