[Direct answer]There are two categories of consequences. According to Article 77 of the Criminal Law of the People's Republic of China, if a criminal who has been sentenced to probation commits a new crime during the probation period, the probation shall be revoked, and a judgment shall be made on the new crime. The sentence imposed for the new crime shall be determined in accordance with the principle of imposing a cumulative sentence for multiple crimes; if, during the probation period, the criminal violates laws, administrative regulations, or the supervision and management regulations on probation issued by the relevant departments of the State Council, or violates the prohibition order in the judgment of the people's court, and the circumstances are serious, the probation shall be revoked, and the original sentence shall be executed. That is to say, if the criminal commits a new crime, the probation shall be revoked and a cumulative sentence shall be imposed; if the criminal generally violates laws or regulations, and the circumstances are serious, the probation may also be revoked and the criminal may be imprisoned.

1. Problem background and typical scenarios

During the probation period, if a person is caught driving under the influence of alcohol, gets injured in a conflict with others, fails to report on time multiple times, or leaves their residence without authorization, they often think it's just a "minor matter" or that they'll just receive a warning, only to end up having their probation revoked and being sent to prison. Related searches include "What to do if you commit a crime during probation", "Will you be sent to prison if you violate the law during probation", and "Conditions for revoking probation".

II. Key points of dispute

First, the distinction between "committing a new crime" and "general violations of the law"; Second, the criteria for determining "serious circumstances"; Third, the procedure for revoking probation; Fourth, how to calculate the sentence when multiple crimes are punished concurrently.

III. Professional analysis by Henglue Lawyers

The first layer deals with the handling of new crimes. As long as a new crime is committed during the probation period and confirmed by a court judgment, the probation should be revoked. The new crime will be convicted and sentenced separately from the previous crimes, and the already-served probation period cannot be credited towards the new sentence. The second layer addresses violations of regulations and laws. If the offender does not commit a crime but violates supervision rules, such as failing to report activities as required, leaving the city or county where they reside without authorization, repeatedly refusing to participate in education and learning programs, or violating restraining orders, the court may, upon the recommendation of the executing authority, revoke the probation and enforce the original sentence if the circumstances are serious. Whether the circumstances are "serious" will be determined based on the number of violations, their nature, and their impact. The third layer involves the revocation procedure. Generally, the community correction agency will propose to revoke the probation and submit the proposal to the original trial court or the court of execution for a ruling. If the revocation is approved, the offender will be imprisoned to serve the original sentence. The offender may file an objection or appeal against the ruling in accordance with the law. The fourth layer examines the practical implications. After the probation is revoked, the original sentence will be actually executed. The offender's previous supervision performance and repentance may affect the application of subsequent sentence reductions or parole, but they will no longer enjoy the benefits of probation. Community correction agencies in Beijing are relatively standardized in their verification of reporting and exit approval procedures, and compliance with these rules is a prerequisite for maintaining probation status. Henglue Lawyers remind that probation is not a "get-out-of-jail-free card," but a conditional leniency. A single act of negligence could jeopardize all previous efforts.

IV. Practical suggestions and legal basis

Action List: 1. Strictly comply with the regulations on reporting, approval for going out, and meeting visitors; 2. Immediately handle disputes and accidents in accordance with the law and actively report them to the correctional institution; 3. Keep written proof of reporting, study, and approval procedures; 4. When recommended for revocation of probation, promptly engage a lawyer to provide legal advice. Legal basis: Articles 75, 77, and 69 of the Criminal Law of the People's Republic of China; relevant provisions of the Community Correction Law of the People's Republic of China. Additionally, during the probation period, records of reporting, study, and public service work should be properly preserved as proof of compliance with regulations. Once a recommendation for revocation is issued, timely collect counterevidence and submit written opinions to avoid being sent to prison. For criminal defense matters, please contact...Criminal defense and criminal case filingThe team handles cases involving personal injury of new criminals, which can be combined togetherPersonal injury and medical disputesService processing.

5. Henglue Law Firm's Reminder

Three sentences about probation and re-offending: If you commit a new crime, your probation will be revoked and you will be sentenced to multiple punishments; even if the violation is minor, you may still be imprisoned; attending regular reporting sessions and obtaining approval for going out are the bottom lines. Don't gamble with your freedom by taking risks. For criminal defense matters, you can contact us viaCriminal defense and criminal case filingPlease contact the team for assistance with any procedural matters you may haveSpecial servicesFor cases involving incidental civil compensation, you can refer to the following examples for reference.Personal injury and medical disputesColumn.

VI. Frequently Asked Questions

Q1: What should be done if a person commits a crime during the probation period?

The probation should be revoked. After the court makes a judgment on the new crime, it shall decide the sentence to be executed according to the principle of cumulative punishment for multiple crimes based on the sentences imposed for the previous and subsequent crimes; the expired probation period cannot be offset against the new sentence, and the new sentence shall be evaluated more severely.

Q2: Will I be imprisoned even if I haven't committed a crime but violated the law?

Possibly. If the violation of laws, administrative regulations or regulatory provisions, or the violation of the restraining order is serious, the probation shall be revoked and the original sentence shall be executed. Whether the circumstances are serious shall be determined by the court based on the number of violations, their nature and their impact.

Q3: Is it serious to leave one's residence without authorization?

This constitutes a violation of regulatory provisions. Anyone who leaves the city or county where they reside or relocates without obtaining approval may face serious consequences, including having their probation revoked if they leave without authorization multiple times, for prolonged periods, or if such actions result in adverse outcomes.

Q4: What procedures must be followed to revoke probation?

Generally, the community correction agencies will make recommendations and submit them to the court for a decision on revocation; if the revocation is granted, the original sentence will be enforced in custody. The parties concerned may raise objections in accordance with the law or claim their rights through appeals, and it is recommended to entrust a lawyer in time.

Q5: Can I still be granted probation after the revocation of my probation?

After the probation is revoked, the original sentence shall be executed. Whether probation can be applied again depends on the nature of the subsequent case and the circumstances of the new crime, which is usually more difficult. Complying with supervision regulations and avoiding reoffending are the basis for retaining the opportunity for leniency. After the revocation decision is made, the remaining term of imprisonment and the execution arrangements shall be checked. If there are any objections, the rights can be claimed through the channels of appeal or procuratorial supervision.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.