In many cases, a person may receive a suspended sentence for a crime he has committed. The severity of the crime and the circumstances of its commission, as well as the personality of the defendant, affect the possibility of imposing a suspended sentence.
Instructions
Step 1
Conditional is a conviction, in which the court releases a person from serving the sentence for a certain period of time, which is called a probationary period. Depending on the severity and nature of the crime committed, the duration of the probationary period can range from 6 months to 5 years. In some cases, the trial period can be either reduced or extended by the court.
Step 2
A suspended sentence may be assigned for those crimes for which the legislation provides for punishment in the form of correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for a period not exceeding 8 years. Persons who have committed sexual crimes against children under the age of 14, as well as crimes related to terrorism, cannot be sentenced to a suspended sentence. In addition, conditional punishment is not possible if serious crimes have already been committed within the framework of the current probationary period.
Step 3
When imposing a suspended sentence, the court takes into account a number of factors. This is the presence of extenuating circumstances (self-defense, a state of passion, a temporary mental disorder), and the personality of the convict, his age, marital status and state of health, as well as the behavior of the convict in society. For example, a person who has dependents or is suffering from serious illnesses can be conditionally sentenced. In addition, the fact that the crime was committed through negligence may affect the appointment of a suspended sentence.
Step 4
During the probationary period, the court imposes certain obligations on the person. They can relate to employment, place of residence, occupation, stay in certain places, etc. In addition, the court may oblige a person to compensate for all damage caused by the crime during the probationary period. During the probationary period, the person will also have to visit the police at a certain frequency.
Step 5
If during the probationary period the person did not commit any serious violations and by actions proved his correction, then the question of canceling the conditional sentence is brought before the court. Its cancellation also entails the removal from the person of a conviction for the crime committed.
