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

Compiled from: Rizhao Intermediate People's Court
 
Case review
Su Yi ran a shop and became dissatisfied with the property management company due to property management issues. One day in June 2022, Su Yi went to the property office, claiming that property staff member Zhang Bing had an "unusual" relationship with another shop owner, and verbally insulted Zhang Bing. Later, Zhang Bing told her husband Guo Jia about this. The next afternoon, Guo Jia went to Su Yi's shop, confronted him about the verbal insults to Zhang Bing, and called the police. The two argued. Su Yi kicked Guo Jia, and then they fought, causing Su Yi to suffer rib fractures and bilateral nasal bone fractures, constituting two instances of minor injury level two, and causing Guo Jia 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 verdict, Guo Jia appealed on the grounds that the victim was at fault, the victim struck first, he acted in self-defense, he was willing to actively compensate but could not afford the victim's demand of over 560,000 yuan in damages, and the first-instance sentence was too severe. The victim, Su Yi, admitted in the second-instance court that his economic loss was about 5,000 yuan, he sustained two minor injuries, refused compensation and forgiveness, and requested a heavier sentence in the second instance.
 
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.
 
 
《 [1] The People's Republic of China 刑法》
Article 72
For a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years, if the following conditions are simultaneously met, a suspended sentence may be declared; for those under the age of 18, pregnant women, and those aged 75 or older, a suspended sentence shall be declared:
(1) The circumstances of the crime are minor;
(2) There is evidence of repentance;
(3) There is no further risk of committing a crime;
(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.