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Can I go abroad with a probation record?
You can go abroad after the probation period. When the probation period is over and the punishment is executed, you can go abroad. Probation, the full name of probation, also known as suspended sentence, refers to the criminal who violates the criminal law and is confirmed to have constituted a crime through legal procedures, and should be punished by punishment, first declaring him guilty and temporarily not executing the sentenced punishment. It is ok for a person sentenced to probation to leave the country during the probation period, but it needs approval. In principle, you can't leave your residence during the probation period. If you want to go out, you must first apply to the regulatory correction agency, usually the judicial office where your household registration is located or where you often live. The judicial office will report it to the Judicial Bureau, which will review and decide whether to agree.
The applicable conditions and objects of probation are as follows:
1, applicable to:
(1) A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be declared suspended if he meets all the conditions for probation;
(2) A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years, a person under the age of 18, a pregnant woman and a person who has reached the age of 75 shall be suspended.
(3) For recidivists and ringleaders of criminal groups, probation is not applicable.
2. Applicable conditions:
(1) The circumstances of the crime are relatively minor;
(2) repentance;
(3) There is no danger of committing a crime again;
(4) The announcement of probation has no significant adverse effect on the community where he lives.
To sum up, those who have had probation can go abroad. Only during the probation period, people who are still serving their sentences cannot go abroad. In the last sentence, applying for going abroad has no effect.
Legal basis:
Article 75 of the Criminal Law of People's Republic of China (PRC)
A criminal who has been suspended shall abide by the following provisions:
(1) Abide by laws and administrative regulations and obey supervision;
(2) to report their own activities according to the provisions of the inspection organ;
(three) to comply with the provisions of the inspection organ on the reception of visitors;
(four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.
Article 12 of the Law of People's Republic of China (PRC) on Exit and Entry Administration
Under any of the following circumstances, China citizens are not allowed to leave the country:
(1) Failing to hold a valid exit-entry certificate or refusing or evading border inspection;
(two) the punishment has not been completed or belongs to the defendant or criminal suspect in a criminal case;
(three) there are unresolved civil cases, and the people's court decides not to leave the country;
(4) Being subject to criminal punishment for obstructing the administration of the country (border) or being repatriated by other countries or regions for illegal exit, illegal residence or illegal employment, and not allowed to leave the country within the prescribed time limit;
(five) may endanger national security and interests, the relevant authorities in the State Council decided not to leave the country;
(6) Other circumstances under which exit from the country is prohibited by laws and administrative regulations.
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