[Direct answer]In the Beijing area, probation means that the original sentence will not be executed on condition that the probationer abides by the supervision regulations during the probation period. Otherwise, the probation may be revoked and the original sentence will be executed. According to Articles 75 and 77 of the Criminal Law of the People's Republic of China, the criminal who has been sentenced to probation shall abide by laws and administrative regulations, obey supervision, report activities as required, comply with the rules on receiving visitors, and report to the local city or county authorities for approval when leaving the city or county where he or she resides. If the probationer commits a new crime or is found to have committed a crime that was previously undisclosed, or seriously violates the supervision or prohibition orders, the probation shall be revoked. For more details, please refer to the relevant provisions.Criminal defense and legal services for criminal case filing.

I. Problem background and typical scenarios

Probationers and their families often have questions such as "Can they work in other cities?", "Do they still need to report for duty?", and "Will they be imprisoned if they violate the law again?". Typical scenarios include: failing to report for approval when living in another city during the probation period; not reporting for duty regularly as required; violating the court's prohibition orders (such as prohibiting drinking alcohol or approaching specific people); being detained by public security authorities for minor offenses during the probation period; and mistakenly believing that probation means "the criminal record is cleared". All of these may trigger the revocation of probation, and the related risks can be addressed in combination with the following measures:Beijing Henglue Law FirmUnderstanding the criminal compliance tips.

II. Key points of contention

  • Determination of the degree of violation: The revocation of the license is only carried out in cases of "serious violations", and the handling of occasional minor violations is different from that of repeated violations and recidivism.
  • The distinction between new crimes and omitted crimes: If a person commits a new crime during the probation period and is found to have other unconvicted crimes before the pronouncement of the judgment, all the convictions shall be revoked and the offender shall be punished for all the crimes committed.
  • Supervising and managing borders: The standards for reporting, visiting, relocating, and enforcing restraining orders often vary from region to region and case to case, which is prone to disputes.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have observed in criminal defense practice that most disputes over the revocation of probation stem from the misconception that "being sentenced to probation means being free". Common misunderstandings include: treating community correction reporting as a formality and failing to attend regularly; being located as abnormal when working in another city without obtaining approval; and disregarding the consequences of violating prohibition orders (such as prohibition from contacting victims). Lawyers advise that probation is a "observation period" granted by society. Supervisory authorities keep records of reporting rates, location trajectories, and violation records. A single public security detention or repeated loss of contact may become grounds for revocation. Probationers intending to live or work in other regions should submit written applications and proof of employment to the judicial office in advance and keep the approval certificates. If they encounter new regulations or doubts, they should consult as soon as possible and seek advice based on their specific circumstances.Criminal defense and legal services for criminal case filingEnsure compliance with regulations.

IV. Practical suggestions and legal basis

Legal basis: Article 75 of the Criminal Law of the People's Republic of China (version after the amendment implemented on March 1, 2021) stipulates the rules that probationers shall abide by; Article 76 stipulates that if a probationer passes the probation test, the original sentence will no longer be executed; Article 77 stipulates three circumstances under which probation will be revoked. Supporting regulations include the requirements for reporting, education, and approval for going out in the Community Correction Law (implemented on July 1, 2020). Practical suggestions: Remember the reporting time and location, and keep the relevant certificates; apply for written approval in advance when leaving the city or county where you reside; strictly abide by the court's restraining orders; report any changes in contact information promptly; communicate with the judicial office proactively if new circumstances arise; if probation is proposed to be revoked, hire a lawyer to provide evidence and defense against the accusation of "serious circumstances" and seek legal advice.Criminal defense and legal services for criminal case filing.

5. Henglu Law Firm's Reminder

The probationary period is a period of "conditional freedom", during which those who abide by the rules will pass the probation, while those who violate the rules will face consequences. The three core actions are: report on time, report for approval before leaving the residence, and never violate the restraining order or engage in further illegal activities. Family members should also supervise and remind them to avoid being imprisoned due to "minor matters". It is recommended to establish a compliance list at the beginning of the probationary period, which can be accessed here.Criminal defense and legal services for criminal case filingGrab the main points.

VI. Frequently Asked Questions

Q1: How long is the probation period generally, and when does it start?

According to Article 73 of the Criminal Law of the People's Republic of China, the probation period for suspended sentences of detention shall be no less than two months and not more than one year above the original term of imprisonment; and the probation period for suspended sentences of fixed-term imprisonment shall be no less than one year and not more than five years above the original term of imprisonment. The probation period shall commence from the date on which the judgment becomes legally effective, rather than the date of sentencing. During the probation period, the offender shall undergo community correction in accordance with the law. It should be noted that the probation period for suspended sentences is different from the period of execution of the sentence. If the offender complies with the regulations during the probation period and does not commit any violations or new crimes, the original sentence will no longer be executed upon the expiration of the probation period and will be publicly announced; however, the criminal record will still be kept in accordance with the law. For related procedures, please consult criminal defense and criminal case filing legal services.

Q2: If I go to another city during my probation period without obtaining approval, will I be sent to prison?

It may not result in immediate imprisonment, but the risk is high. According to Article 77 of the Criminal Law of the People's Republic of China, if a criminal who has been granted probation commits a new crime during the probation period or if it is discovered that he/she has other crimes that were not sentenced before the pronouncement of the judgment, the probation shall be revoked and the offender shall be punished for all the crimes committed; if he/she violates the supervision and management regulations on probation stipulated by laws, administrative regulations or relevant departments of the State Council, or violates the prohibition order imposed by the court and the circumstances are serious, the probation shall also be revoked and the original sentence shall be executed. If he/she simply leaves without approval for a short period of time, if he/she is caught and the circumstances are significantly minor, he/she may first be warned and educated; but if he/she violates the rules repeatedly or causes consequences, he/she may be identified as having "serious circumstances" and the probation shall be revoked. It is recommended to apply for approval in accordance with the law before leaving the residence, and if necessary, to consult the Beijing Henglue Law Firm to understand the approval process.

Q3: If I violate the law again during the probation period but do not commit a crime, will my probation be revoked?

Possibly. According to Article 77 of the Criminal Law of the People's Republic of China, if a person violates laws and regulations or the provisions on probation supervision and management, or violates a restraining order and the "circumstances are serious", even if they do not constitute a new crime, their probation should be revoked and the original sentence should be executed. "Circumstances are serious" usually refers to repeated offenses, causing adverse effects or real dangers, such as failing to report multiple times, causing consequences of violating a restraining order, being detained administratively for violating the law, etc. Whether a single, minor administrative violation meets the standard of "serious circumstances" is determined by the supervision and trial authorities on a comprehensive basis. The key is to strictly abide by the law and cooperate with supervision during the probation period. Once involved in illegal activities, they should actively explain and make amends to avoid escalation. If necessary, they can seek legal services in criminal defense and criminal case filing to avoid being deemed to have committed serious circumstances.

Q4: Does that mean I'm completely in the clear once the probation period is over?

After the probation period expires and the probation is not revoked, the original sentence will no longer be executed, and the court will publicly announce it, which is more advantageous in form than "completing the execution". However, it should be made clear that probation does not mean innocence. The criminal judgment and records will still exist according to law, and the relevant criminal records will be kept within the legal scope, which may still have an impact on certain professional qualifications and political reviews. In addition, if a new crime is committed during the probation period or a hidden crime is discovered but not detected at the time, the probation can still be revoked and the offender can be punished for multiple crimes according to law, rather than "being safe once the period expires". It is recommended to keep the announcement document after the probation period expires, and if there are doubts about the impact on the records, you can consult Beijing Henglue Law Firm to understand the legal consequences and rights boundaries.

Q5: If a person is detained by public security authorities during the probation period, will their probation be revoked automatically?

It's not necessarily the case, but the risk has significantly increased. Administrative detention indicates that the person has violated administrative management order. Whether the probation will be revoked further depends on whether they have also violated the probation supervision and management regulations or the restraining order, and whether the circumstances are serious. A single, minor detention (such as a minor neighborhood dispute) may not be directly regarded as "serious circumstances". The supervisory authority may first issue a warning; but if it conflicts with the restraining order, involves repeated violations, or results in consequences, it is likely to be regarded as serious circumstances and the original sentence will be revoked and executed. After being detained, the person should maintain communication, explain the reasons, and take remedial measures, and should not conceal anything. Whether the probation will be revoked is decided by the court, and if necessary, legal assistance can be sought.Beijing Henglu Law FirmSubmit defense opinions on the determination of the plot.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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