Can a student sentenced to probation go to college

Probation and community correction do not deprive the parties of their right to go to school. The crime of sin and the right to go to college should not conflict with each other.
 

Xiao Liu, a young man from Dazu County, Chongqing University, who was just finished the college entrance examination this year, was sentenced to four months in prison for six months and suspended for six months. Xiao Liu received the university admission notice and judgment almost simultaneously. According to the law, during the probation period, Xiao Liu can't leave the county or city where the household registration is located. Can he still go to college?
 

On this issue, many netizens have a "sinful sorrow" attitude. They believe that Xiao Liu, who was sentenced to probation for theft, should be deprived of the right to study at the university, thinking that this is the "justice" in line with the law.
 

In fact, the crime of sin is not in conflict with the right to go to college.
 

First of all, the current probation sentence is a fair judgment against Xiao Liu’s previous theft, which is essentially different from the previously controversial “high school entrance examination students can be prosecuted without being prosecuted”. The identity of the candidates for the college entrance examination did not become the reason for the light treatment of this case. Xiao Liu received the punishment he deserved. However, serious laws and disciplines, and severe punishments must also be within the scope of the law, and they must not engage in extrajudicial punishment and deprive the accused of other rights enjoyed by law.
 

At present, Xiao Liu was sentenced to four months in custody and suspended for six months. Article 76 of the Criminal Law stipulates that criminals who probate probation shall be subject to community corrections within the time limit for probation. He is not able to leave the place of residence without authorization, but this does not mean that it cannot go to the university through proper channels.
 

Article 36 of the "Community Correction Implementation Measures" jointly promulgated by the Supreme Law, the Supreme Inspection, the Ministry of Public Security, and the Ministry of Justice clearly stipulates: "Community correction personnel are not discriminated against in terms of schooling, employment, and social security." It also stipulates that community corrections personnel who need to leave the household registration place due to reasons such as medical treatment or major family changes may apply in accordance with the law. After approval by the inspection agency, they may leave the city or county where they live and follow the regulations of the public security organ in the place of execution. Report your own activities.
 

As far as news reports are concerned, the current problem lies mainly in the fact that Xiao Liu’s parents are quite disappointed with him and are unwilling to give him college tuition. The police station is actively working, hoping to help Xiao Liu to go to university, which also reflects the first-line judicial organs. Humane care.
 

The combination of lenient and strict, education and punishment is the way of the rule of law. Killing a young man who is a first-time offender and depriving him of his normal right to go to school, to work, and to return to society is not justice, but will only add instability to society. Therefore, the new "Criminal Procedure Law" in 2012 stipulates that a minor who is under the age of 18 and has reached the age of 14 commits a crime and is sentenced to imprisonment of not more than five years for criminal record storage. In addition, in many cases, juvenile offenders were able to continue to attend college during probation after they actively repented and retired and were punished in accordance with the law. Even a university student in Wuhan was a lawyer after three years without being prosecuted by the procuratorate, which made the story of "the prodigal son does not change the gold."
 

Of course, all these treatments for minors and younger offenders are not indulgent, but combined with a strict risk assessment mechanism, based on the nature of the crime, plot, repentance and other factors. And have strict community correction procedures.
 

Xiao Liu was guilty of sin and should be punished by law. However, probation and community correction did not deprive him of his right to go to school. The crime of sin should not conflict with the right to go to college.