The Criminal Code says that some types of sentences can be imposed conditionally. We are talking about such punishments as restriction of freedom, restrictions on military service, detention in a special (disciplinary) high frequency unit, as well as imprisonment (if the term is up to eight years). A suspended sentence is possible only if the court considers that the person can be corrected in this way. Most often, he is appointed precisely for crimes committed for the first time.
Conditional term: restrictions, duties, legal status of convicts
When pronouncing the verdict, the court must take into account the degree of danger of the crime committed by the person, the identity of the offender, his emotions and motives at the time the crime was committed, all circumstances (aggravating and mitigating).
In principle, conditional conviction can replace a punishment for a crime of any degree of severity, however, for especially serious crimes it is assigned only in exceptional cases. Sometimes the basic punishment is replaced by a conditional, but the additional one still remains.
What does conditional conviction mean? This means that it is based on certain conditions that are established by criminal law. It is always associated with a trial period. During this period, the convicted person will have to prove that he has corrected and no longer encroaches on those social relations that are protected by law.
A suspended sentence is almost always associated with the performance of certain duties. An example is the ban on changing one’s place of residence, study, work without prior notification of an authorized body that oversees a person sentenced to probation. This person may be prohibited from visiting certain places. These include gambling establishments, discos, bars and other institutions that can affect its correction.
In some cases, a suspended sentence is assigned only when the offender agrees to undergo treatment for drug addiction, alcoholism, any disease, substance abuse or something else. A promise can be taken from this person to provide material support to the family (his or her victim).
The correction of conditionally convicted special control authority. With regard to military personnel, this control is carried out by the command of military institutions and units.
If the suspended sentence has not yet expired, and the person sentenced to it has already managed to prove his correction, the court may decide to cancel this deadline or remove certain restrictions. He takes this decision on the basis of information received from the regulatory body.
Under certain circumstances, a suspended sentence may be extended. As a rule, this is due to the fact that the convicted person evades the duties that the court entrusted to him, commits any administrative offenses. The conditional term cannot be extended for more than a year.
The following grounds for its cancellation are indicated in the Criminal Code:
- the sentenced person proved that he managed to improve;
- The term of probation has expired;
- the sentenced person did not fulfill the duties assigned by the court (in this case, the punishment ceases to be conditional);
- the convicted person conditionally committed a violation of the law (severity matters).
The suspended sentence, the consequences of which are numerous, is connected with a criminal record. Recall that the latter refers to a certain legal status of persons who were sentenced due to a criminal offense. The criminal record in the case in question is removed on the very day when the suspended sentence ends. A person who has fully served a suspended sentence shall be considered as not convicted.