On Requirement Of Probation Application In Penal Code Of PRC

The applicable conditions of probation occupy a very important position in the probation system, more of theoretical study and practical operation of the probation conditions, but also a lot of controversy point. Probation conditions should be divided into formal conditions in real terms, conditions and exclusion criteria three categories, formal conditions, including conditions of the offenses to criminal kinds of conditions, the term of imprisonment conditions. China’s criminal law does not limit the kinds of probation sin, that no provisions apply to offenses to probation conditions, in addition, there is no need of the provisions of the conditions of probation for offenses to the circumstances of the crime; substantive conditions, lighter identified around the subject of crime, crime subjective aspect, the object of the crime and the objective aspect of crime; without re-offending Risk identification also need qualitative assessment methodologies and quantitative assessment methods; the show repentance surrender, meritorious, confess crimes, apologize apology, and several other aspects; Declared suspended identified no significant adverse effects on the residential community, it should be from community residents, the community itself, criminals, criminals external four aspects." Criminal Law Amendment (h)" provides in certain circumstances for special groups should be placed on probation for; under eighteen years of age, full75years of age, as the age of the starting point should be the trial; pregnant women should be understood that the trial pregnant women. Probation multiple crimes case, it should be appropriate to be applied probation, but taking into account the criminals guilty of several sins Dangerousness relatively high, in specific practical operation, the number of offenders meet the requirements, it should be strict control of their probation, to reflect the rigor and fairness of the criminal law.