Deprivation of liberty for a certain period, popularly called imprisonment, is used as a criminal punishment in almost all countries of the world. The conclusion can be real or conditional.
The conditional term of imprisonment is not an entirely accurate wording. Lawyers speak in such cases about the suspension of the execution of the sentence. However, the conviction itself is quite real: the court pronounces a guilty verdict, finding the defendant guilty, and even imposes a sentence of imprisonment. But this sentence is not carried out.
The convicted person is assigned a probationary period. Its duration is also determined by the court, but it is sometimes less than the term of imprisonment that is assigned to the convicted person. If during this time the person does not commit any crimes and offenses, then the conviction will be canceled, the person is free. If, during the probationary period, he again disgraces himself with a crime - not necessarily the same for which he was convicted - the suspended sentence turns into a real one, the person will go to places of imprisonment.
Who is assigned a suspended sentence
The law in no way stipulates who can be sentenced to a suspended sentence and who cannot. There is no direct dependence on the type of crime, but the less danger the act of the accused carries, the more chances he has of getting a suspended sentence. Thus, a person who has committed a petty theft is more likely to be convicted conditionally than a murderer or rapist.
Takes into account the court and the identity of the accused. Even if the crime does not belong to the category of serious crimes, a person has little chance of getting a suspended sentence if he or she has been prosecuted in the past. Conditional punishment is intended primarily for a person who accidentally stumbles, who repents of their deed and sincerely wishes never to commit illegal acts again.
Without limiting the range of crimes for which a conditional sentence can be imposed, the law will determine which sentences can be conditional. This is not only imprisonment, but also correctional labor, detention in a disciplinary military unit and restrictions on military service. Deprivation of liberty cannot be conditional if the appointed term exceeds 8 years.
Obligations of a conditionally convicted person
Certain restrictions are imposed on a conditionally convicted person. He is under the supervision of the Penitentiary Inspectorate and is obliged to appear there, if summoned, and report on how he is performing the duties assigned to him by the court.
These responsibilities are determined by the specific situation. For example, if a person has committed a crime while under the influence of alcohol or drugs, the court may oblige him to be treated for alcoholism or drug addiction. If he has caused material damage to someone, he may be obliged to compensate for this damage by a certain period.
If the convicted person decided to change his place of residence, place of work or study, he is obliged to report this to the criminal executive inspectorate. He is prohibited from traveling abroad.
The main requirement for a conditionally convicted person is not to commit any illegal actions. Otherwise, he faces real imprisonment.
