You can’t end up in prison. No one in life is safe from anything, and a person is sometimes capable of the most unexpected acts, such as theft, accident, bodily harm. More often, such events entail further proceedings, litigation, and even seizure of property criminal, depending on the situation. But in any case, if there is a criminal, then there will be a punishment.
Definition of conditional term
In criminal law, the concept of “suspended sentence” (or suspended sentence) implies that the convicted person is at liberty, without actually serving the sentence in prison. In fact, there is a criminal record, there is a period of serving, but finding is any convenient for a criminal.
The entire conditional term of the convict is controlled by the authorized state body, which oversees the correction of the behavior of the convict and helps him in every possible way to re-educate. It is advisable that during this time the convicted person prove himself in public works and establish himself as a reliable person. These character traits at the end of the conditional period will certainly be included in the characterization.
In case of evasion of the obligations imposed on him, the commission of a crime or an offense, the suspended sentence is replaced by a real term and the convicted person is detained. This decision is always made by the court. Applied appeals to such a decision, according to practice, are always rejected and remain unsatisfied.
If the convicted person behaved diligently during the suspended sentence, he was able to prove to the inspectors of the supervisory authority that he had corrected himself, then at the end of the term all restrictions are automatically removed and the criminal record is canceled through the court. But if in the future a criminal record certificate is required (for example, for employment or permission to purchase, store and use weapons), then this certificate will indicate that the citizen had a criminal record, served a suspended sentence, restrictions and criminal record were lifted and canceled.
Investigation and trial
The legislation provides for a number of articles in the Criminal Code, sanctions under which allow the offender to get off with only a suspended sentence. There are 4 degrees of severity of crimes: small, medium, grave and especially grave, and the conditional term is provided only for crimes of a small severity, where the amount of material damage caused is not more than 20,000 rubles. The main condition for being at liberty after the commission of a crime is the absence of a criminal record and even involvement in minor crimes (for example, administrative). In such a case, such punishment as a suspended sentence with a probationary period may be imposed.
The investigator, in the process of which the criminal case will be investigated, will carefully study the personality and behavior of the accused, the presence of a tendency to alcoholism or drug use. At the end of the criminal investigation, the characteristic given by the district inspector will be attached to the case. The court will pay attention to this characteristic when passing a sentence.
Verification of execution
After the trial took place and the accused became convicted, and instead of imprisonment he was sentenced to a suspended sentence, the next and last action of the court, provided for in the criminal process, will be the execution of the punishment.Since problems may arise in the implementation of this right, the court is obliged to control the correct execution of the sentence, at the same time monitoring and implementing its decisions on the following issues:
- bringing the sentence into effect after its entry into force;
- execution of a sentence and its enforcement in relation to acquittal or release from custody - the immediate enforcement of such a sentence may be directly in the courtroom;
- exercising direct control over the enforcement of the sentence, as well as resolving all issues related to the impossibility of instant execution.
Criminal Executive Inspection
Having realized his rights, the court transfers the verdict to the criminal-executive inspection, which is directly involved in the execution of criminal punishment in respect of persons not taken into custody. The criminal-executive inspection, having received the verdict, begins its supervisory review.
Jurisdiction of Inspection:
- probation;
- suspects and accused, in respect of which the investigator chose a preventive measure - house arrest.
The main area of work is the exercise of control over persons who have received a suspended sentence, as well as monitoring the implementation of the following types of punishment:
- direct participation in correctional work;
- visits to compulsory work;
- restrictions on work - the convicted person does not have the right to engage in certain activities or occupy certain positions;
- changes in the type of punishment for taking into custody in case of violation by the convicted person of the rights and duties assigned to him.
Deadline
After the end of the suspended sentence, the convict has the opportunity to withdraw and extinguish the criminal record in the manner prescribed by law through the court, by filing a representation.
The state, by providing an opportunity for its citizen to correct his behavior and recognize mistakes, gives a chance to remain at large after committing a crime. On the one hand, it is a punishment. But on the other, the offender remained at large. He, like other citizens, has the opportunity to live at home, continue to work, engage in hobbies and not be limited in space. Thus, the offender, getting a chance not to be isolated from society, must correctly use it and take it as a warning.
