Can I go abroad after being sentenced to probation for more than one year?

Sentenced to probation can go abroad, but it needs to be reported to the inspection organ for approval.

Probation refers to suspending the execution of punishment within a certain period of time and giving a certain grace period to the person sentenced to probation. Generally speaking, you can apply for going abroad after the probation period expires. However, whether you can successfully apply for going abroad, you need to consider other factors, such as personal criminal record and whether there are legal provisions restricting leaving the country.

The probation period of probation refers to the period during which the defendant is suspended by the people's court, and if there are legal circumstances, the probation will be revoked by the people's court and the original sentence will be executed. The probation period of probation is mainly determined according to the defendant's criminal circumstances and repentance performance. If the probation period is too long, it will affect his enthusiasm for reform. If it is too short, it will be difficult to play the role of investigating the defendant during the probation period. Generally speaking, the more serious the crime, the longer the probation period.

According to the circumstances of the crime and the performance of repentance, the people's court decided to declare the defendant a suspended sentence. Once the sentence is pronounced, the probation period of probation should be counted. If calculated from the effective date of the judgment, the probation period will be in an uncertain state. Because the effective date of the judgment is uncertain, the probation period of probation will be extended in disguise, and even the probation period of the defendant with a lighter crime will become longer than that of the defendant with a heavier crime, which violates the principle of adapting crime to punishment.

A criminal whose sentence is suspended shall abide by laws and administrative regulations and obey supervision; Report their activities in accordance with the provisions of the inspection organ; Abide by the regulations of the inspection organ on receiving visitors.

Under any of the following circumstances, you are not allowed to leave the country:

1. Failing to hold valid exit and entry certificates or refusing or evading border inspection;

2. The sentenced punishment has not been completed or belongs to the defendant or criminal suspect in a criminal case;

3, there are unresolved civil cases, the people's court decided not to leave the country;

4. Being subject to criminal punishment for obstructing border management 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;

To sum up, citizens who are not serious about the facts of the crime will generally be suspended, but although they are not detained, they have lost some of their freedom and have to be placed under surveillance. However, if they get the consent of the authorities, they can go abroad for reasonable and legal reasons.

Legal basis:

Criminal law of the people's Republic of China

Article 72

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 at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:

(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.