There is a legal basis for the procuratorate to say this, and the court will generally adopt it. The procuratorate has the right to recommend sentencing and can completely recommend probation. As for how the court decides, it depends on the actual situation of the case and whether it meets the conditions of probation. It doesn't mean to make a judgment according to this idea after it is put forward. The procuratorate has the power of procuratorial suggestion and judicial supervision, but the judicial power lies in the court. Prosecutorial suggestion is an important reference for judicial trial, but it is not the basis for judgment. There are laws to judge, and the judgment is in the court or collegiate bench. The sentencing book of the procuratorate does not recommend probation, and the court thinks that probation will be given if it is suitable. If the procuratorate thinks that the discretionary sentencing and penalty methods are improper, it can exercise the power of trial supervision, but it belongs to the next legal procedure.
legal ground
Article 201 of the Criminal Procedure Law of People's Republic of China (PRC), when making a judgment according to law, the people's court shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances: (1) the defendant's behavior does not constitute a crime or criminal responsibility should not be investigated; (2) The defendant pleads guilty against his will; (3) The defendant denies the alleged criminal facts; (4) The charges charged in the prosecution are inconsistent with those found in the trial; (5) Other circumstances that may affect a fair trial. If the people's court considers that the sentencing proposal is obviously inappropriate after trial, or the defendant or defender raises objections to the sentencing proposal, the people's procuratorate may adjust the sentencing proposal. If the people's procuratorate fails to adjust the sentencing proposal or it is still obviously inappropriate after adjusting the sentencing proposal, the people's court shall make a judgment according to law.