Thank you to the procuratorial organs for keeping my probation! I will work hard to repay my debts! "Recently, after receiving the court's decision not to revoke my probation, Wang, a community correction object, gratefully said to the prosecutor of Ouhai District Procuratorate in Wenzhou City, Zhejiang Province. This starts with a "loophole" discovered by the court during its legal supervision of the district judicial bureau's request for opinions on revoking probation. In November 2024, Wang was sentenced to one year and four months in prison and suspended for one year and six months by a court in Liaoning Province for committing fraud. He received community correction in Ouhai District, Wenzhou City in accordance with the law. In addition to the criminal case, Wang was also unable to repay the loan due to investment failure, and the creditor applied to the court for civil enforcement. During the probation period, Wang was detained by the court for 15 days for failing to report his financial situation as required. On April 14th of this year, the Judicial Bureau of Ouhai District made a recommendation to revoke Wang's probation and copied the Ouhai District Procuratorate accordingly. Why didn't Wang report his financial situation according to regulations? Does this meet the criteria for revoking probation? The procuratorial organs have fulfilled their supervisory duties in accordance with the law, initiated in-depth investigation and verification procedures, carefully listened to Wang's statements, and conducted in-depth investigations into his business situation abroad, current living and consumption situation, and other aspects. Wang said, "I really didn't know about it. If I knew about declaring property, I would definitely declare it." The investigating prosecutor found that the key reason for Wang's failure to fulfill his property reporting obligations was that the relevant legal documents in the case were served by announcement, and Wang did not actually receive the relevant information, so he was not aware of the requirement for property declaration. After further investigation, the prosecutor confirmed that as of that time, there was no property under Wang's name that could be executed, and no malicious evasion of execution such as refusing to perform or concealing the transfer of property was found. The prosecutor believes that Wang's violation of the property reporting regulations was due to his ignorance of the litigation process, rather than intentional opposition to the law. At the same time, the prosecuting attorney took the initiative to contact Wu, the applicant for civil execution, and the executing judge to comprehensively verify the situation of the case. An important detail has caught the attention of the prosecutor: Wang has reached a settlement agreement with Wu, and Wang has raised funds through early withdrawal of bail to repay part of the debt in advance. He has also agreed with Wu on a repayment plan of 30000 yuan at the end of each year. When asked by the prosecutor if he could fulfill the repayment plan on time, Wang said that he is currently working hard and will definitely repay on time if he has the ability. If the suspended sentence is revoked at this time, it will directly interrupt Wang's subsequent repayment plan, which is not conducive to the effective realization of Wu's legitimate creditor's rights. We believe that Wang's illegal behavior is' justifiable 'and his subjective malice is relatively small. Not revoking his probation can ensure the realization of his creditor's rights. Therefore, we have ultimately decided to recommend not revoking his probation in accordance with the law. ”Jin Leting, Director of the Third Prosecution Department of Ouhai District Procuratorate, stated. Recently, the court adopted the opinion of the procuratorial organ and made a ruling not to revoke Wang's probation in accordance with the law. The supervision of the execution of criminal penalties is related to the fairness and authority of the judiciary, as well as the overall harmony and stability of society. While upholding the authority of the law, we should also fully consider the particularity of individual cases and the rights and interests of the parties involved, provide opportunities for social rehabilitation targets to reform and fulfill their obligations, achieve a positive interaction between criminal punishment execution and social governance, and let the people feel fairness, justice, and judicial warmth. ”Lu Xiaoming, the chief prosecutor of Ouhai District Procuratorate, said. (New Society)