Conditional sentencing to imprisonment

Conditions of conditional sentencing

Conditional sentencing to imprisonment, commonly known as a "suspended sentence," is a situation where the court finds the perpetrator guilty, imposes a prison sentence, but suspends the execution of the sentence for a specified period under certain conditions. The perpetrator does not immediately serve the prison term but is given the opportunity to demonstrate, through leading a law-abiding life, that the offence committed was a mistake that will not be repeated. If the perpetrator proves this through their behaviour and the court-specified suspension period expires, the perpetrator will not serve the sentence, as they will have proven themselves.

In general, imprisonment can be imposed for any criminal offence defined in the Criminal Code. However, a prison sentence can only be conditionally suspended if its length does not exceed three years. In practice, this means that a person sentenced to 3.5 years of imprisonment must serve the sentence, as it cannot be conditionally suspended.

Assessment of the perpetrator for the purpose of conditional sentencing

When deciding on the sentence and its extent, the court considers the potential for the perpetrator's rehabilitation. It assesses whether, given the perpetrator's circumstances, serving a custodial sentence is necessary, or whether the mere threat of enforcing the sentence is sufficient to ensure that the perpetrator continues to lead a law-abiding life.

In making this assessment, the court takes into account the perpetrator's personal circumstances and the environment in which they live and work. It also considers the economic situation of their family; a strong argument, for instance, might be that the perpetrator is the sole provider for a family with multiple minor children, and serving a custodial sentence could cause existential hardship for the family. The court also evaluates the perpetrator's past life, the nature and circumstances of the committed offence. A first-time offender with a clean Criminal Register extract convicted of theft or another less serious property-related crime is, therefore, highly unlikely to serve a custodial sentence, and the court is likely to lean toward suspending the execution of the sentence conditionally. Conversely, a repeat offender with multiple prior convictions is likely to be ordered to serve the sentence due to their criminal history, which demonstrates that they have not yet led a law-abiding life.

Other factors that influence whether a custodial sentence will be suspended include whether the offence was committed intentionally or through negligence, as well as the perpetrator's behaviour during the criminal proceedings. One of the most significant mitigating factors is the perpetrator's cooperation with law enforcement authorities from the outset of the proceedings and their admission to committing the crime.

Probationary period

If the court concludes, considering all the above-mentioned circumstances, that conditional sentencing is appropriate in the given case, it will determine, in addition to the sentence length, a probationary period during which the sentence is suspended. This period must be no shorter than one year and cannot exceed five years. From the time the judgment becomes final and binding, the convicted person must lead a law-abiding life, refrain from committing any further criminal offences, and comply with all additional obligations imposed by the court.

Additional obligations imposed on the perpetrator are usually tailored to the circumstances of the committed offence and the personal characteristics of the perpetrator. If the offence caused property damage, the court commonly orders the perpetrator to compensate for the damage to the best of their ability. In cases involving perpetrators dependent on drugs, alcohol, or gambling, the court may order drug rehabilitation, regular visits to psychological counselling, a prohibition on consuming alcoholic beverages, a prohibition on gambling, or other measures aimed at guiding the perpetrator towards a law-abiding life.

(Non)-Fulfilment of obligations 

If the convicted person does not lead a law-abiding life during the probationary period—failing to comply with court-ordered obligations and committing further criminal offences—the court may impose an unconditional custodial sentence. As a result of their undesirable behaviour, the perpetrator will be required to serve the sentence originally imposed by the court, which can be up to three years, in prison.

On the other hand, if the convicted person leads a law-abiding life throughout the probationary period, they will not serve the custodial sentence, as they will have proven themselves. Subsequently, the conviction will also be removed from the Criminal Register, and the individual will be regarded as if they had never been convicted.