[2] Without obtaining forgiveness, how to get a suspended sentence?

Compiled from: Rizhao Intermediate People's Court
 
Case review
Su Yi operated a shop and harbored resentment toward the property management company over property management issues. One day in June 2022, Su Yi went to the property management office, claiming that property management employee Zhang Bing had an “unusual” relationship with the owner of another shop, and verbally insulted Zhang Bing. Zhang Bing later informed her husband, Guo Jia, of the incident. The following afternoon, Guo Jia went to the shop operated by Su Yi, questioned him about the verbal insults toward Zhang Bing, and called the police. The two parties engaged in a quarrel. Su Yi kicked Guo Jia, and the two then scuffled with each other, resulting in Su Yi suffering rib fractures and bilateral nasal bone fractures, constituting two instances of minor injury of the second degree, and Guo Jia suffering minor injuries.

 
 

After being summoned by phone by the public security authorities, Guo Jia went to the authorities to accept processing and truthfully confessed the facts of the case upon arrival. The Donggang District Court of Rizhao City, after a trial, found the defendant Guo Jia guilty of intentional injury and sentenced him to one year in prison.
 
After the first-instance judgment was pronounced, Guo A appealed on the grounds that the victim was at fault, that the victim struck the first blow during the incident, that his act constituted justifiable defense, that he was willing to actively pay compensation but could not afford the victim’s claim of more than 560,000 yuan, and that the first-instance sentence was excessively severe. At the second-instance trial, the victim Su B admitted in court that his economic losses amounted to approximately 5,000 yuan, that he had sustained two minor injuries, that he would not accept compensation or grant forgiveness, and requested that the second-instance court impose a heavier sentence.
 
The Rizhao City Procuratorate held a hearing on this case and expressed an opinion during the second-instance trial on granting the appellant probation or reducing the sentence. After a public second-instance trial, the Rizhao Intermediate Court changed the sentence to eight months' imprisonment, suspended for one year, for the appellant Guo Jia's crime of intentional injury.
 
 
The [1] The People's Republic of China Criminal Law
Article 72
For criminal elements sentenced to criminal detention or fixed-term imprisonment of not more than three years, a suspended sentence may be pronounced if the following conditions are met at the same time; for persons under the age of eighteen, pregnant women, and persons who have reached the age of seventy-five, a suspended sentence shall be pronounced:
(1) The circumstances of the crime are relatively minor;
(2) demonstrates repentance;
(3) no risk of committing further crimes;
(4) The probation does not have a significant adverse impact on the community where the offender resides.
When granting probation, the court may, based on the circumstances of the crime, simultaneously prohibit the offender from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probation period.
If an offender granted probation is also sentenced to supplementary punishments, those supplementary punishments must still be executed.
 
 
[1] The author's perspective
Whether the victim accepts compensation or expresses forgiveness is one of the factors the court should consider during sentencing, but it is not a decisive factor in granting probation. China's criminal law does not require the victim's forgiveness as a statutory condition for probation. When sentencing, the court should comprehensively review the facts and evidence of the case, consider the nature, circumstances, and legal consequences of the defendant's crime, and take into account all sentencing factors to fully implement the criminal policy of combining leniency with severity. In this case, the victim bore some fault for the incident. After the incident, the appellant Guo Jia repeatedly expressed willingness to compensate the victim, and when the victim refused to accept compensation, he deposited compensation exceeding the victim's actual losses with a notary institution, demonstrating a sincere attitude of admitting guilt and showing remorse. Considering the appellant's voluntary surrender, admission of guilt, willingness to compensate the victim's losses, and the victim's partial fault for the incident, the court of second instance decided to adjust the sentence for the appellant Guo Jia and grant him probation in accordance with the law.
 
However, it should be noted that although the court may consider granting probation for the above reasons, the defendant's illegal conduct will not be erased, and they must still pay the price for it. Therefore, acting on impulse is not advisable, and using legal means to resolve issues is the best approach.