Do you need community proof before probation?

Yes, the suspect needs community correction during the probation period. The community proof material is to prove the victim's usual performance. If the court gives a suspended sentence, will society accept it? Therefore, the community opinion is one of the reference conditions for the court to decide whether to suspend the sentence. Probation, also known as suspended sentence, refers to the punishment that criminals who constitute a crime and should be punished by punishment are convicted first and not executed temporarily.

Legal analysis

According to the relevant laws and regulations, criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years can be suspended if they meet the relevant conditions. Criminals who have been sentenced to probation must report to the correction organ regularly to participate in study and labor. Community correction is generally carried out in the criminal's residence. Unable to determine the place of residence, accept community correction at the place where the household registration is located. During the period of community correction, you are not allowed to leave your residence without authorization. If you need to leave the city or county where you live or move, you should report it to the inspection organ for approval. The daily work of community correction is generally undertaken by the judicial office. With the help of relevant social groups, non-governmental organizations and social volunteers, correct their criminal psychology and behavior habits, help them establish correct concepts and return to society smoothly. During the probation period of probation, criminals abide by laws and administrative regulations and obey supervision. If there is no new crime or omission, the community correction will be lifted after the probation period expires, and the original sentence can no longer be executed.

legal ground

Article 72 of the Criminal Law of People's Republic of China (PRC) 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: (1) 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.