[Direct answer]The probation will be revoked and the offender will be punished for all crimes committed. According to Article 77 of the Criminal Law (implemented on October 1, 1997 and amended several times), if a criminal who has been sentenced to probation commits a new crime during the probation period, the probation shall be revoked, a judgment shall be made for the new crime, and the sentences for the previous and new crimes shall be combined in accordance with Article 69; the original sentence will no longer apply the treatment of "not being executed after the probation period expires", and the offender will usually face actual imprisonment. The new crime will be investigated, prosecuted, and tried separately, and the sentences for the two cases will be combined and executed after they are connected. Family members should immediately engage a criminal defense lawyer to handle the new crime, which can be done through the following methods:Criminal defense and legal services for criminal case filingOrBeijing Henglue Law FirmArrange a meeting.

1. Problem background and typical scenarios

When probationers are involved in criminal cases again, there are usually three common situations: first, they commit new crimes on impulse, such as getting into a conflict and causing light injuries to others, or driving after drinking and causing accidents; second, previously undetected hidden crimes are discovered during the probation period; third, they go missing during community correction, violate the rules and are reported, which leads to new public security or criminal problems. For probationers, the probation period is a "guilty observation period". Any new criminal case filing will trigger the revocation of the probation procedure, and the original sentence may be enforced in prison at any time. Most defendants and their families do not know who initiates the revocation procedure or how the new crime sentence connects with the previous one. They often panic when receiving the revocation decision and miss the opportunity to seek leniency during the investigation of the new crime.

II. Key points of contention

  • Is the new crime established? If the new crime is not established, the case is withdrawn, or there is no prosecution, the probation should not be revoked. In practice, the proposal to revoke the probation sometimes comes before the conclusion of the new crime. The defense attorney needs to raise procedural objections in time to avoid the irreversible consequences of "revoking the probation before investigating the new crime".
  • The distinction between new crimes and undetected crimes: Undetected crimes committed before the pronouncement of the judgment and discovered during the probation period will also result in the revocation of probation and punishment, but undetected crimes involve a reassessment of the facts of the previous crime, which is different from the sentencing logic of new crimes, and the determination directly affects the punishment scheme.
  • And the term of imprisonment after the punishment: According to the principle of aggravated punishment in Article 69, the term of imprisonment to be executed jointly with the original sentence for the previous crime and the sentence for the new crime shall be calculated as one day of detention for one day; and the sentencing for the new crime shall be reduced by one level, and the result of the combined punishment will be obviously different. The role of voluntary surrender, confession, and compensation and understanding is greatly enhanced in this case.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm's experience in handling cases involving the revocation of probation focuses on two aspects: procedural and substantive. Procedurally, the revocation of probation is usually initiated by the community correction agency, transferred by the public security organ, and adjudicated by the original trial court or the court handling the new crime. If the new crime has not been adjudicated yet, the revocation of probation is subject to the premise that the new crime's announced sentence is imposed. Therefore, it is necessary to track the progress of the two cases in a coordinated manner to avoid being passive in the face of information asymmetry. Substantively, the focus of defense is always on the new crime itself: the dispute over the nature of the crime (intentional injury or negligent causing serious injury), the level of injury appraisal, whether there are circumstances of voluntary surrender and confession, whether the defendant pleads guilty and accepts the punishment, and the implementation of compensation and reconciliation. Each of these factors can reduce the announced sentence of the new crime, and consequently reduce the actual term of imprisonment after the imposition of concurrent punishment. In practice, the most pressing reality is that even if the new crime is minor, once the probation of the previous crime is revoked, the original sentence must be executed in prison in principle. The room for "trading a lesser punishment for a greater one" is very limited. Therefore, the earlier the defense intervenes in the investigation stage of the new crime and solidifies the mitigating circumstances, the better the overall effect will be. At this stage, the client should also immediately stop all behaviors that may be evaluated as violations of regulations, strictly fulfill the community correction reporting system, and avoid "serious violations of regulations" becoming an independent reason for revocation. For cases involving civil compensation, it is recommended to combine with the defense of the new crime to achieve the best results.Personal injury and medical dispute servicesEvaluate the compensation plan and offer active compensation in exchange for understanding.

IV. Practical Suggestions and Legal Basis

Legal basis: Article 69 of the Criminal Law of the People's Republic of China (effective October 1, 1997) stipulates the principle of aggravated punishment for multiple crimes, with the total term of imprisonment not exceeding 20 years if less than 35 years, and not exceeding 25 years if more than 35 years; Article 73 stipulates that during the probation period, the term of detention shall be no less than two months but not more than one year above the original term of imprisonment, and the term of fixed-term imprisonment shall be no less than one year but not more than five years above the original term of imprisonment; Article 76 stipulates that if there are no circumstances specified in Article 77 during the probation period, the original sentence shall no longer be executed after the probation period expires; Article 77 stipulates two circumstances under which the probation shall be revoked - if a new crime is committed or a hidden crime is discovered during the probation period, the probation shall be revoked and the multiple crimes shall be punished together; if the circumstances of violating laws and regulations or supervision and management provisions are serious, the probation shall be revoked and the original sentence shall be executed; Article 67 stipulates that if the offender surrenders voluntarily, the punishment may be mitigated or reduced. During the period of community correction, the offender shall also comply with the supervision and management provisions of the Community Correction Law of the People's Republic of China (effective July 1, 2020). Practical suggestions: Immediately entrust a lawyer to meet with the offender to verify the facts and evidence of the new crime; simultaneously compensate the victim and strive for a letter of understanding; follow up on the compliance of the revocation procedure; and collect the materials of the two cases (the judgment of the previous crime, the community correction records, and the new case documents) and entrust a lawyer to formulate a plan for the punishment of the multiple crimes, which can be implemented throughSpecial services and other case servicesThe team coordinated the pace of the two cases.

5. Henglu Law Firm's Advice

Probation does not mean "everything is fine". Any new criminal case filed during the probation period may result in the original sentence being re-enforced. The defendant must not abscond or interfere with witnesses - escape will add to their responsibilities and worsen their sentencing. Family members should promptly preserve the judgment of the previous crime, the record of community correction performance, and the legal documents of the new case, and submit them to the lawyer to determine the priority of the revocation procedure and the defense strategy for the new crime. Every mitigating circumstance obtained in the new crime stage will be amplified and implemented in the punishment of multiple crimes; conversely, delay and hope for luck will only eliminate the room for negotiation. If you or your family are in this situation, it is recommended to arrange a lawyer's meeting through professional channels as soon as possible, and handle the compensation agreement and objections to the revocation procedure simultaneously.

Q1: If a person commits a new crime during the probation period, can they still be sentenced to probation for the new crime?

In theory, the law does not prohibit it, but in practice, it's extremely difficult. After the probation of the previous crime is revoked, the original sentence will no longer be "exempted upon expiration", and the new crime must be punished together with the previous one. The combined sentences of the two crimes usually exceed the conditions for applying probation, and the court will generally imprison the offender to enforce the actual sentence. Only in special cases where the new crime is significantly minor, the victim forgives the offender, and there are statutory mitigating circumstances, there is still room for further efforts. Moreover, the revocation decision of the previous crime and the sentencing of the new crime need to be evaluated separately. The parties should not pin their hopes on "getting probation again for the new crime", but should focus on reducing the sentence of the new crime and shortening the total sentence after combined punishment. This is the real achievable benefit.

Q2: How is the sentence for multiple offenses calculated?

According to Article 69 of the Criminal Law, where a person commits several crimes before the pronouncement of the judgment, the term of imprisonment to be executed shall be determined at a level not exceeding the total term of imprisonment but not less than the maximum term of imprisonment of the crimes; where the total term of fixed-term imprisonment is less than 35 years, the maximum term shall not exceed 20 years; where the total term of fixed-term imprisonment is more than 35 years, the maximum term shall not exceed 25 years. Where the person is sentenced to fixed-term imprisonment and criminal detention for several crimes, the fixed-term imprisonment shall be executed; the additional punishments shall still be executed. For the time spent in custody before the pronouncement of the judgment, one day of custody shall be counted as one day of the term of imprisonment. When the probation is revoked and a new sentence is imposed, the term of imprisonment pronounced for the previous crime shall be combined with the term of imprisonment for the new crime in accordance with the above-mentioned rules, and the specific term of imprisonment shall be determined by the court within the statutory range based on the circumstances of the sentencing.

Q3: How long does the process of revoking probation take?

The revocation of probation is tied to the progress of the new crime case: if the new crime is in the investigation or review and prosecution stage, the community correction agency or the procuratorial organ may first propose to revoke the probation. The court usually decides to revoke the probation and impose a combined sentence after the new crime judgment is finalized and the sentence is announced. If the probation is revoked solely due to serious violations of supervision and management regulations, the procedure is relatively simple, and the process from proposal to decision usually takes a few weeks to complete. Overall, from the filing of the new crime case to the effective judgment of the combined sentence, it takes at least several months and up to more than a year, depending on the complexity of the new crime case, the amount of evidence, and whether the case is sent back for supplementary investigation. Entrusting a lawyer to track the progress of the two cases simultaneously is the key to avoiding procedural stagnation.

Q4: Do I still have to serve a prison sentence even if I've been given a suspended sentence for a previous crime?

After the probation is revoked, the original sentence of the previous crime will no longer enjoy the treatment of "not being executed after the probation period ends", and it must be executed together with the new sentence of the new crime after the number of crimes and punishments are summed up. Whether the person will actually be imprisoned depends on the result of the sum of punishments and the deduction of the time already detained. In other words, if a new crime is committed during the probation period of the previous crime, the value of the probation for the previous crime will be reset to zero, and the original sentence will re-enter the execution sequence. If the probation is revoked solely because the circumstances of violating the supervision and management regulations are serious, the original sentence will be directly executed. The parties should face up to the certainty of this consequence and focus their defense resources on optimizing the sentencing and the sum of punishments for the new crime, rather than hoping that the probation for the previous crime will continue to be effective.

Q5: What should family members do now?

The first step is to engage a criminal lawyer to meet with the client to verify the facts of the new charges, the severity of the injuries, or the amount of money involved in the case; to negotiate compensation with the victim and obtain a letter of understanding as soon as possible; to assess the applicability of surrendering voluntarily, confessing guilt, and accepting the punishment; and to obtain a more lenient punishment during the investigation stage. At the same time, the client should be strictly controlled: they must not evade bail or probation supervision, and must not contact the victim or witnesses. Each step helps reduce the actual sentence after the concurrent punishment, and the earlier it is initiated, the greater the options will be. Waiting and observing will only narrow the choices.

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