Suspended sentence

What is a suspended sentence?

When a crime is established, the state must punish the criminal, and instead of an effective sentence, probation is an opportunity for the court to postpone the execution of the sentence it imposes after finding the defendant guilty of committing the crime for which he was charged. That is, with a conditional sentence, the person is always convicted.

For there to be a suspended sentence, there must necessarily be a penalty imposed and it must be imprisonment for a certain period of time. Then the court postpones the execution of the imposed punishment for a certain period of time, but imposes on the convicted two conditions, obligations that he must fulfill:

• not to commit other crimes during the probationary period;

• and to work or study, unless required to receive treatment.

Probation is a legal option, not a court obligation.

In what cases can a suspended sentence be ordered?

1. for the court to determine a punishment that is not more severe than imprisonment for a term not longer than three years. The reason for this lies in the possibility of the court to impose a punishment below this minimum if the crime was committed under multiple mitigating circumstances or in the presence of one exceptional one.

2. the person has not been sentenced to imprisonment for a crime of a general nature;

3. for the court to establish that in order to achieve the goals of justice, and above all for the correction of the perpetrator, it is not necessary for him to serve his punishment.

When there are multiple mitigating circumstances or there is an exceptional one, as well as the possibility of reforming the convict without effectively serving the sentence, a suspended sentence can be determined, but all this is proven by the committed lawyer - the defender of the convicted person.

If the convicted person does not commit another crime during the probationary period, after its expiration, he does not suffer the penalty of deprivation of liberty, but if he commits another crime, the suspended penalty of deprivation of liberty is tolerated in whole or in part.