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8. Introduction to the Probation System

  • Publication Date：
  • Last updated：2023-12-16
  • View count：1262
  1. Probation:
    Probation refers to the suspension of a sentence for light offenses. If the offender has demonstrated that his or her criminal behavior has disappeared in a certain period of time and that there is no need to enforce the punishment, the punishment will not be enforced. This measure is mainly used to treat the occasional offender, first offender, and negligent offender. This can help by preventing light offenders from picking up bad habits in jail during brief incarceration. Therefore, this works to maintain the offender's dignity and prompt his or her repentance.
  2. Three requirements for probation (Article 74 of the Criminal Code):
    • One who is sentenced to not more than two years imprisonment, detention, or fines.
    • One who has never been charged with a premeditated crime. Or he or she has been incarcerated for a premeditated crime , and has served the sentence or been pardoned and has not been incarcerated for a premeditated crime within five years.
    • The judge decides that suspension of the sentence is proper. For the aforementioned reasons , a judge may declare probation for no less than two years and no more than five years. During the period, the defendant does not need to serve time or pay fines. After the probation period comes to an end the original punishment loses its validity unless the judge has revoked the
      decision of the probation. The judge may revoke probation according to paragraph 2 of article 75 or paragraph 2 of article 75-1 of the criminal code.
  3. Suspension of sentence is proper:
    This is up to the judge's discretion based on an item-by-item consideration of the defendant's character, age, occupation, education, family, the severity of the crime, and the defendant's attitude after committing the crime. A defendant has no right to make such a petition during  trial. However, the defendant may describe his or her condition for the judge's reference.
  4. Revocation of probation:
    • The judge may revoke the probation if the defendant has intentionally committed a crime during the probation period and has been given a fixed term of sentence that cannot be converted into fines. Or, he or she has intentionally committed a crime before probation commenced and, within the
      probation period, has been given a fixed term of sentence that cannot be converted into fines.
    • When a judge has declared probation and the person subjected to probation has seriously violated the rules of probation or the given restrictions a prosecutor may petition the judge to revoke the declaration of probation.
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