Legal analysis
According to party member's criminal circumstances and penitence, it is considered that the application of probation will not harm the society any more. This is the fundamental condition of probation. That is to say, although some criminals have been sentenced to criminal detention or fixed-term imprisonment of not more than three years, their criminal circumstances and penitence performance do not mean that they will not be detained again or endanger society, and they cannot be suspended. However, it must be noted that since the offender has not yet applied probation, it can only be a kind of speculation or pre-judgment by the judge, and this kind of speculation or pre-judgment can only be based on the fact that the circumstances of the crime are lighter and the offender's repentance is better. Of these two factors, the lesser crime belongs to the category of committed crime, which mainly shows that the social harm of crime is less, so we should make a comprehensive judgment from both subjective malignancy and objective harm. The good performance of the offender in repentance belongs to the category before the crime, mainly because the offender is less likely to commit another crime. We should judge according to the various performances of the offender after the crime and give due consideration to the consistent performance of the offender.
legal ground
Article 30 of the Criminal Law of People's Republic of China (PRC): Companies, enterprises, institutions, organs and groups that commit acts that endanger society shall bear criminal responsibility if the law stipulates that it is a unit crime.
Article 17 of the Regulations on Punishment of Civil Servants in Administrative Organs, if a civil servant who violates the law and discipline has been sentenced to punishment, removed from office, expelled from public office or resigned from leadership positions before the administrative organ makes a decision on punishment, he shall be punished according to the facts of his violation of the law and discipline. If a civil servant of an administrative organ is sentenced to punishment according to law, he shall be dismissed.