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我国《刑法》第72条规定:对于被判处拘役、三年以下有期徒刑的犯罪分子,同时符合下列条件的,可以宣告缓刑,对其中不满十八周岁的人、怀孕的妇女和已满七十五周岁的人,应当宣告缓刑:(一)犯罪情节较轻;(二)有悔罪表现;(三)没有再犯罪的危险;(四)宣告缓刑对所居住社区没有重大不良影响。宣告缓刑,可以根据犯罪情况,同时禁止犯罪分子在缓刑考验期限内从事特定活动,进入特定区域、场所,接触特定的人。第74条规定:对于累犯和犯罪集团的首要分子,不适用缓刑。本文以三个实践中的案例适用缓刑为例,简要分析了缓刑的适用以及条件,是以案说法。
Article 72 of our Criminal Law stipulates that criminals who have been sentenced to criminal detention and are to be sentenced to not more than three years of fixed-term imprisonment may be given a suspended sentence for those who are under the age of 18, pregnant women and those who have already reached seventy People who are five years of age should be given a suspended sentence: (i) minor offenses; (ii) their performance of penitence; (iii) their risk of no further crimes; (d) proclamation that probation will not have a material adverse effect on the communities they live in. Probation of probation can be based on the crime, while prohibited criminals during the probation period to engage in specific activities, access to specific areas, places, contact with specific people. Article 74 states: Probation is not applicable to the chief elements of recidivists and criminal groups. This article takes probation in three practical cases as an example, and briefly analyzes the application and conditions of probation, based on the case.