最高检指导案例明确：案件再审仍判缓刑，已执行考验期应予扣除

Core Viewpoint - The Supreme People's Procuratorate emphasizes that for defendants who are granted probation after a retrial based on the same criminal facts, the probation period already served before the retrial judgment should be counted within the new probation period established by the retrial judgment [1][5]. Group 1: Case Background - Xu, a male born in 1969, was sentenced to three years in prison with a four-year probation period for intentional injury on June 5, 2020, with the probation period set from June 16, 2020, to June 15, 2024 [1]. - After serving probation for 9 months and 29 days, a retrial led to a new judgment on April 2, 2021, changing the charge to negligent injury and reducing the sentence to two years with a three-year probation period from April 14, 2021, to April 13, 2024 [1][2]. Group 2: Legal Interpretation - The court stated that according to Article 73, Paragraph 3 of the Criminal Law, the probation period is calculated from the date the judgment is confirmed, and since the original judgment was revoked, the probation period should start from the retrial judgment date [3]. - The procuratorate argued that the probation period already served should be deducted from the new probation period to avoid extending the probation period unfairly, which contradicts the principle of proportionality in sentencing [3][5]. Group 3: Supervisory Actions - On April 21, 2021, the procuratorate submitted a written supervisory opinion to the court, suggesting that the probation period already served should be included in the new probation period [4]. - The court agreed to amend the execution notice on April 28, 2021, to reflect the deduction of the 9 months and 29 days already served [4]. Group 4: Implications - The Supreme People's Procuratorate highlighted that not deducting the probation period already served would effectively extend the probation period, which is inconsistent with the principle of proportionality in sentencing [5]. - The adjustment aligns with the purpose of the probation system, encouraging offenders to reform and comply with community correction regulations during the remaining probation period [5].