Of course, it is possible, but the key is to think about why it was recommended to be sentenced to one year in prison.
Under normal circumstances, a suspended sentence can be pronounced as long as the victim's losses are compensated and his forgiveness is obtained. Unless there are extremely special circumstances.
Next, let's expand on it, I believe you will take a minute to read this article, and you will have a general idea.
1. Lightly wounding a person involves the crime of intentional injury.
According to article 234 of the Criminal Law, a person who intentionally injures another person's body and causes more than minor injuries shall be subject to criminal liability for the crime of intentional injury.
Where minor injuries are caused, a sentence of up to three years imprisonment, short-term detention or controlled release is required.
According to the practice in practice, if a minor injury is caused in the second degree, and there is no compensation for the loss and no forgiveness is obtained, it is generally necessary to sentence a fixed-term imprisonment of about one to one and a half years.
In the case of first-degree minor injuries, a sentence of one and a half to two years in prison is required.
However, because minor injuries are very easy to compose, and in most cases, as long as there are no particularly heinous circumstances, as long as the victim's losses are compensated and forgiveness is obtained, a suspended sentence can be declared.
2. Judging from the actual situation, when the results of the injury appraisal come out, the public security organs will generally give the parties a certain amount of time to talk about compensation and reconciliation.
If no compensation is in place and no settlement is reached. The police usually take him into criminal custody and then ask the procuratorate for approval of the arrest.
However, if compensation is in place and the victim's forgiveness is obtained, the public security organs will generally directly take compulsory measures such as release on bail pending further investigation.
Even if a person is criminally detained or arrested, the public security organs will generally change the compulsory measures to release them on bail pending further investigation.
Unless there are special circumstances in which the circumstances are particularly heinous or the perpetrator is a repeat offender.
3. Now that the system of leniency for those who admit guilt and accept punishment has been fully rolled out. The Public Prosecutor's Office has the power to recommend sentencing, and the sentencing must be specific.
This includes the main sentence to be imposed, the additional sentence and whether a suspended sentence is to be imposed.
At the same time, according to article 201 of the Criminal Procedure Law, the court shall, in general, adopt the sentencing recommendation of the procuratorate. Sentencing may only be modified in very exceptional circumstances, including:
- (1) The defendant's conduct does not constitute a crime or should not be pursued for criminal responsibility;
- (2) The defendant admits guilt and accepts punishment against his will;
- (3) The defendant denies the facts of the crime as charged;
- (4) The charges charged in the indictment are inconsistent with the charges found at trial;
- (5) Other circumstances that might impact the fairness of the trial.
In addition, there is a special circumstance in practice, that is, new facts and circumstances have emerged, such as compensation that was not made before and compensation was made later.
4. In that case, every effort should now be made to contact the victim as soon as possible, to compensate him for his damages, and to seek his forgiveness.
Once the above actions have been completed, contact the Public Prosecutor's Office immediately.
Under normal circumstances, the procuratorate will re-issue a sentencing recommendation, and the adjustment letter will recommend a suspended sentence.
However, there is a mandatory requirement for this, that is, there must be no recidivism or a criminal record of the same kind.
In this case, even if compensation is made and forgiveness is obtained, the actual sentence will generally be imposed, but the sentence will not be too high, generally not more than 10 months.
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