SCC explains the consequences of a new crime during parole

SCC explains the consequences of a new crime during parole

 

Referred to in Art. 70 - Art. 73 of the Penal Code institute represents a legal possibility for subsequent sentencing and release the offender from serving part of his appointed her punishment in explicit statutory prerequisites. Its action results in early failure of the state to continue to impose restrictions on the convicted person mode, connected with deprivation of freedom, which is not final.

To convict probation is established in the amount of unserved part of the punishment, but not less than six months within which if released ahead deliberately commits a new offense punishable by imprisonment or not perform ruled in art. 70, para. 7 NC probation, he served separately the remaining part of his sentence specified sanction, but when done recklessly criminal act, the court decides whether deferred punishment to be executed respectively for its partial or full performance / art. 70, para. 7 CC /.

According to Decision № 307 of 11.14.2014, on the NAC. e. № 1047/2014, the logical consequence of the interpretation of that provision is a conclusion drawn by the legislature in the application of the Institute of Art. 70 - Art. 73 of the Criminal Code conditions affecting warning and pointing to the need for lawful conduct of the convict, failing of which is compulsory or possible activation of the implementation of the unserved part of the punishment.