Probation in China (缓刑, huanxing) means a court convicts you and sets a sentence, but suspends it: stay out of trouble during the probation period and the original sentence is never carried out.
Who qualifies for probation under Article 72?
Article 72 of the Criminal Law limits probation to offenders sentenced to criminal detention (拘役) or a fixed-term sentence of three years or less. Four conditions must all be met: the offence is relatively minor; the offender shows genuine remorse; there is no risk of reoffending; and probation would not seriously harm the community. Courts must grant probation — not just may — to offenders under 18, pregnant women, and those aged 75 or older. Recidivists and ringleaders of criminal groups are barred (Article 74).
How long does probation last?
Article 73 sets the test period (考验期). For criminal detention, it runs from one month above the sentence up to one year, but never less than two months. For a fixed-term sentence, it runs from one year above the sentence up to five years, but never less than one year. The clock starts the day the judgment becomes effective.
What happens during and after the test period?
You live in the community under correction supervision (社区矫正, Article 76), report your activities, and need approval before leaving your city or county. Crucially, you serve no prison time unless you break the rules. If you commit a new crime, a hidden earlier offence surfaces, or you seriously violate the supervision rules or a court prohibition order, the court revokes probation and the original sentence is enforced (Article 77). If you comply throughout, the punishment is simply not carried out.
In a hypothetical scenario, a first-time offender given two years for a minor property offence received a suspended two-year sentence with community correction. After finishing the period without incident, the prison term was formally dropped.
In short: probation is still a criminal conviction, but for low-level, remorseful, non-recidivist offenders it is the clearest path to avoiding prison in China.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512