A suspended sentence is imposed but not carried out, on condition that the convicted person complies with the conditions attached to it during a probation period. It gives the court a way of marking the seriousness of the offence while keeping the defendant out of custody and under supervision.
Statutory basis
Article 14a of the Criminal Code allows a sentence to be imposed wholly or partly conditionally. Article 14b sets the probation period, in principle up to three years and longer where there is a serious risk of a repeat offence against a person. Article 14c contains the general condition, that no offence be committed, and the special conditions the court may impose, from probation supervision and a contact or location ban to treatment and a duty to compensate the victim.
How it works in practice
The probation period starts when the judgment becomes final. Special conditions are supervised by the probation service, which reports to the public prosecutor. If a condition is breached, the prosecutor can apply for enforcement of the suspended part; the court then decides whether to order it in full, in part or not at all, and can also amend the conditions or extend the period.
Where it goes wrong
A new offence during the probation period is the common trigger, but breaches of the special conditions cause as many applications: missed appointments with the probation service, a treatment that is broken off, or a contact ban ignored at a family event. Second, the general condition applies to any offence, including a minor one committed near the end of the period. Third, a defendant who accepts far-reaching conditions in exchange for avoiding custody has to be able to live with them for years.
Related terms
Community service order, pre-trial detention and confiscation of criminal proceeds.
Has enforcement of a suspended sentence been sought? Our criminal lawyers conduct the hearing and argue for amendment rather than enforcement.
