2024/9/2 凌晨12:21
Criminal Law of the People's Republic of China
The period of probation for fixed-term imprisonment shall be not less than the term of
imprisonment originally decided and not more than 5 years, but it shall not be less than 1 year.
The period of probation shall begin on the date when the judgment is made final.
Article 74 Probation is not applicable to a recidivist or a ringleader of a criminal group.
Article 75 An offender on probation shall observe the following provisions:
(1) abiding by laws and administrative regulations and submitting himself to supervision;
(2) reporting his activities in accordance with the rules set by the supervising authority;
(3) obeying the rules regarding meeting visitors set by the supervising authority; and
(4) reporting to and obtaining approval from the supervising authority organ before leaving the city
or county where the offender lives, or for a change of residence.
Article 76 An offender on probation shall be subjected to community correction in accordance with
the law. If no circumstances as prescribed in Article 77 of this Law exist, the punishment originally
decided shall no longer be executed on the expiration of the probation period and a pronouncement
to this effect shall be made.
Article 77 Where an offender on probation commits a new crime or it is found that a judgment is yet
to be made on another crime he had committed before the judgment granting the probation was
rendered, the probation shall be revoked and a judgment shall be made on the newly committed or
found crime. The punishment to be executed shall be determined combining the punishment
originally decided and the punishment for the newly committed or found crime in accordance with
the provisions of Article 69 in this Law.
Where an offender on probation violates laws, administrative regulations, or the provisions on the
supervision and administration of probation of the relevant departments under the State Council, or
violates the restraining order given in the judgment of the people’s court, the probation shall be
revoked and the punishment originally imposed shall be executed where the circumstances are
serious.
Section 6 Commutation
Article 78 An offender sentenced to non-custodial correction, short-term custody, fixed-term
imprisonment or life imprisonment may have his sentence commuted while serving the sentence, if
the offender observes prison rules, accepts education and rehabilitation, shows sincere repentance,
or carries out meritorious performance. His sentence shall be reduced if he has carried out any of
the following major meritorious performance:
(1) preventing a major crime from being committed by others;
(2) reporting a major criminal activity in or outside the prison, which is later verified;
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_3.htm
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