2024/9/2 凌晨12:21
Criminal Law of the People's Republic of China
imprisonment and non-custodial correction, or both short-term custody and non-custodial
correction, non-custodial correction shall still be executed after the execution of fixed-term
imprisonment or short-term custody finishes.
Where punishments imposed for multiple crimes include any supplementary punishment, the
supplementary punishment shall also be executed. In the case that supplementary punishments
imposed are of the same type, they shall be combined for execution and shall be executed
separately if they are of different types.
Article 70 Where, after a judgment is rendered on a crime but before the sentence thereunder
is completely executed, it is discovered that the convicted had committed another crime before the
said judgment was rendered, for which he has not been sentenced, a judgment for the
newly discovered crime shall be rendered, in which the combined punishment to be executed for this
crime and the earlier crime shall be determined in accordance with the provisions of Article 69 of
this Law. The term that has already been served shall be counted towards the term determined
in the new judgment.
Article 71 Where, after a judgment is rendered on a crime but before the sentence thereunder
is completely executed, the convicted commits another crime, a judgment for the newly committed
crime shall be rendered, and the punishment to be executed shall be determined by combining the
punishment for this crime and the remainder of punishment for the earlier crime in accordance with
the provisions of Article 69 of this Law.
Section 5 Probation
Article 72 Probation may be granted to offenders sentenced to short-term custody or fixed-term
imprisonment of not more than 3 years if all the following conditions are met, among whom
those under the age of 18, pregnant women, and those at or above the age of 75 shall be granted
probation:
(1) that the circumstances of the crime are relatively minor;
(2) that the offender has shown repentance;
(3) that the offender poses no risk of committing another crime; and
(4) that the granting of probation does not have a major adverse influence on the community in
which the offender lives.
As probation is granted, in light of the relevant situation of the crime, the offender may be
concurrently prohibited from engaging in certain activities, or entering certain areas or premises, or
having contacts with certain persons during the probation period.
The supplementary punishment, if any, imposed on an offender granted probation shall still be
executed.
Article 73 The period of probation for short-term custody shall be not less than the term of
custody originally decided and not more than 1 year, but it shall not be less than 2 months.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_3.htm
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