A suspended sentence means that the court imposes a prison sentence but suspends its execution for a probationary period. If the convicted person complies with the court’s conditions, he or she will not enter prison. This article explains when the court can impose probation, how long it lasts, and what happens when it is broken.
A suspended sentence means that the court imposes a prison sentence but suspends its execution for a probationary period of 1-5 years.
If the convicted person leads a good life and fulfils the obligations imposed, he or she will not enter prison.
In case of a breach of probation, the court may order the execution of the sentence or extend the probation period.
Probation may be imposed only if the sentence imposed does not exceed 3 years’ imprisonment.
If you are dealing with a criminal case or facing an unconditional sentence, we will be happy to represent you and take over criminal defense activities.
Suspension of imprisonment applies exclusively to prison sentences. It is not granted for other types of sentences (e.g. confiscation of property or prohibition of activity). It consists in fixing the length of the custodial sentence, but also setting a reasonable probationary period of between one and five years, during which the sentence is suspended.
In practice, therefore, the convicted person is free after sentencing, goes to work and can continue to live a normal life, but the sword of Damocles hangs over him in the form of possible imprisonment if he fails to lead a proper life and comply with the terms of the court.
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In considering whether to impose only a suspended sentence, the judge is guided by the theory of punishment and its purpose.
There are several functions of punishment:
We have discussed the theory, function and other types of alternative sentences in more detail in our article.
If the judge considers that the purpose of the sentence will be achieved without its execution, for example, because the criminal proceedings and the court hearing itself, together with the threat of imprisonment, will fulfil a sufficiently educational, preventive (and thus essentially protective) function of the sentence, he may proceed to impose only a suspended sentence. If necessary, the correction of a just situation may also be achieved by the simultaneous imposition of another type of sentence.
It must be stressed that there is no legal entitlement to a suspended sentence. However, the Criminal Code does provide for certain circumstances in which a suspended sentence may be considered at all:
If you are facing criminal proceedings, it is advisable to contact a lawyer before the main trial. A proper defence can significantly increase the chances that the court will impose a suspended sentence.
Given the cases we have handled with our clients, we can say that the court imposes a suspended sentence especially for first-time offenders who have committed a crime and are otherwise leading an orderly life.
Other measures imposed by the judge can sometimes help to ensure that the sentence also serves its purpose. In particular, if the offence was related to substance use or other addictions, measures such as:
Other measures imposed in addition to the suspended sentence may include payment of the amount owed (e.g. in the case of non-payment of maintenance), a public apology to the victim, an obligation to compensate for any damage or to surrender any unjust enrichment.
The most common error we observe is the violation of obligations imposed during the probation period, such as failure to pay restitution or failure to attend addiction treatment.
The entire course of the criminal proceedings was discussed in detail in a separate article.
In addition to a “simple” suspended sentence, another variant is a suspended sentence with supervision. The general conditions for its imposition remain the same, except that in this case greater control of the offender is appropriate and his behaviour should be monitored regularly.
Supervision means cooperation with a designated officer of the Probation and Mediation Service, whom the convicted person visits at regular intervals. Alternatively, the probation officer may visit the offender’s home or otherwise implement the probation supervision plan.
If the probationer has proved himself during the probationary period and the suspended sentence has not been converted into an unconditional sentence, the court shall decide that he has proved himself.
Thereafter, the convicted person shall be treated as if he or she had not been convicted at all and the criminal record shall be expunged. He or she can then satisfy the criminal record requirement, for example, with a new employer.
If the convicted person has failed to prove his or her convictions (for example, by breaching an imposed duty or committing another offence), it is likely that he or she will decide to serve the sentence.
However, this is not automatic and even in such a case it is not impossible to re-impose or extend the probation period or to impose supervision.
The second way to be “on parole” is where the convicted person has served his or her sentence, has served part of it, and has demonstrated improvement by his or her behaviour in prison. In such a case, the court may release him or her on parole.
The application for conditional (sometimes incorrectly referred to as “parole”) release must be addressed to the district court in whose district the prison containing the convict is located. The district court should also receive the application if the sentence has been decided by a regional or high court. It is free of charge.
The application does not have any specific requirements, but it should state why the court should grant the conditional release, what the convict’s behaviour was during the sentence, whether the sentence has led to his rehabilitation and what his plans and possibilities are after his release.
In making its decision, the court considers in particular the behaviour of the convicted person during the sentence and assesses whether he or she can be expected to lead an orderly life after release.
It shall also take into account whether the convicted person has entered into the sentence in time and whether, for example, the damage he has caused has been repaired in some way or whether unjust enrichment has been given.
Conditional remission of sentence need not be limited to imprisonment. The Criminal Code also allows it in the case of a sentence of prohibition of activity, prohibition of keeping and breeding animals, prohibition of residence, or prohibition of entry to sports, cultural and other social events.
In these cases, the application may be submitted after half of the sentence has been served, and the court may set a probationary period of up to five years.
In the case of conditional release, the situation is very similar to that described above for suspended sentences. The convicted person is placed on probation for a period of between one and seven years and may be subject to other restrictions (for example, staying in his or her home). Also in this situation, the supervision of a probation officer is allowed and usually appropriate.
We have discussed parole and early release from prison in detail in our article.
Suspended imprisonment means that a sentence is imposed on a convicted person but its execution is suspended for a probationary period of one to five years. If, during the probationary period, he complies with the conditions of the court, his conviction is expunged from the criminal record. If he violates the conditions, the court may decide to enforce the sentence.
A suspended sentence can only be imposed for sentences of up to three years’ imprisonment, the court taking into account the offender’s person and the circumstances of the offence. The suspended sentence may be accompanied by other measures such as addiction treatment, psychological counselling, a ban on gambling or an obligation to pay compensation.
There is also a supervised suspended sentence, where the sentenced person is under the regular supervision of a probation officer. The court regularly checks his behaviour and may extend or tighten the probation.
Conditional release applies to convicts who have served part of their sentence and have shown improvement. The application is made to the district court in the place of imprisonment and is free of charge. Parole may be applied for after serving one-third, one-half or two-thirds of the sentence, depending on the seriousness of the offence. In making its decision, the court considers only the behaviour of the convicted person while serving the sentence.
The probationary period for suspended sentences is usually 1 to 5 years. During this time, the convicted person must lead a normal life and fulfil any obligations imposed by the court, such as making restitution or undergoing addiction treatment.
Yes. A suspended sentence is entered on the criminal record in the same way as other convictions. If the convict proves himself or herself while on probation, the conviction may be expunged and will not appear on the criminal record thereafter.
Yes, but it’s less likely. In making its decision, the court looks first and foremost at the offender’s record, the seriousness of the offence and whether he or she can be expected to lead a proper life without serving a prison sentence.
If the convicted person commits a further offence or breaches the obligations imposed during the probationary period, the court may decide to order the execution of the original prison sentence. In some cases, it may also extend the probation period or impose further restrictions.
As a rule, the probationary period of a suspended sentence cannot be reduced. If, however, the convicted person proves himself and fulfils all the conditions, the court will, after the expiry of the probationary period, decide that he shall be treated as if he had not been convicted.
A suspended sentence means that the convicted person does not enter prison at all, as the execution of the sentence is suspended for a probationary period. On the other hand, a conditional release occurs when the convicted person has already served part of his sentence in prison and the court can release him early.
The court may impose various reasonable obligations or restrictions, such as making restitution, abstaining from alcohol or gambling, undergoing addiction treatment or cooperating regularly with a probation officer.
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