Is parole and probation one thing?

Some people do not understand what is the matter of parole and probation? For example, 5 years have been sentenced to 3 years in prison and released in advance because of good performance and repentance. In this case, we can call it parole. And probation, for example, has been sentenced to 2 years and suspended for 2 years, that is to say, it is not necessary to serve 2 years in prison, and to suspend execution for 2 years outside prison, but in the 2 years, it is not necessary to carry out the penalty if it complied with relevant regulations. The following legal express is the difference between parole and probation.

First, different properties of

Parole is a system of criminals who are sentenced to fixed-term imprisonment or life imprisonment after the execution of a sentence, and because of their good performance during the time of imprisonment, they must be released in advance.

Probation means a criminal who has been sentenced to criminal detention and sentenced to fixed-term imprisonment of not more than 3 years, according to the circumstances of his crime and the performance of penance, stipulates a period of trial, postpone the execution penalty, and if the punishment is followed in the trial period, the penalty will no longer be enforced.

Although the probation and parole is a specific mode of execution of punishment, and the provisions of the original sentence is not executed conditionally, given to criminals in the test period, the probation period for the revocation of the legal situation of occurrence conditions, however, parole is generated penalty discretion based on the system, which belongs to the system of penalty reprieve executive.

Two, applicable objects of different

Parole is applicable to criminals who are sentenced to fixed-term imprisonment and life imprisonment, and probation applies to criminals who are sentenced to criminal detention and to a prison term of not more than 3 years.

Three, according to the different

Parole is strictly observed in the execution of a prison sentence, and it is acceptable for education and transformation. It can be applied to repentance. If the criminal elements are minor, and the attitude of repentance is good, the application of probation does not harm the society again, and the probation can be applied.

Four, decide the time of different

On parole, the people's court made it according to the transferred material during the period of serving the sentence. And the probation was made at the same time when the people's court declared the judgment.

During the test, required to comply with the provisions of the five different

Parole requires to be strict on probation, the two sides generally must abide by the laws and administrative regulations, obey the supervision of supervisory organs; regularly report on his own activities and abide by the reception, restricted access to specific places and other provisions; approved by the supervisory authority, may leave the city or county of residence or relocation.

Six, the results of the application of different

If parole must execute part of the original sentence, if the offender meets the conditions of parole, he can not execute the sentence which has not yet been executed conditionally, and take the remaining sentence as a trial period. If the new crime is no longer committed and the crime is not found in the trial period, it will not violate the provisions of the law or administrative regulations or the supervision and regulation of parole.

And probation is before the execution of the original judgment penalty, during the period of trial, if no longer commit a new crime, and has not been found to have missed the crime, nor has it violated the provisions of the law or administrative regulations or the relevant supervision and management regulations of probation, it will not carry out the whole sentence of the original sentence. During the test period, if a criminal is guilty of a new crime, or is found to have been found guilty, or in violation of the provisions of the relevant supervision and management, a parole or probation is revoked.

In this way, parole and probation are very different. It is not the same thing. Although both are a specific way of execution of a penalty, their respective implementation is not the same.