If the judicial authority concludes that the convicted person will be able to reform outside the places of deprivation of liberty, he will impose a suspended sentence on the guilty. This rule is enshrined in the norm of Art. 73 of the Criminal Code. Only those persons whose sentence does not exceed eight years in isolation from society, and also if the court has appointed: correctional labor, restriction of service and being in a disciplinary military unit, can be conditionally sentenced.
What you need to know
In the event that the judicial body, in the process of studying the materials of the case and passing the verdict, comes to the conclusion that the guilty person will be able to reform without isolation from people, then he does not send him to the colony, but appoints a suspended sentence. It takes into account: the personality of the person, the degree of danger of the crime, as well as all mitigating or aggravating circumstances. This is indicated by Art. 73 of the Criminal Code.
Conditional conviction applies to people sentenced by a court to:
- correctional labor;
- service restrictions;
- isolation from society (if the term of imprisonment is not more than eight years);
- content in a disciplinary military unit.
In practice, it is assigned only to those persons who first committed acts of minimal or moderate severity. Most often conditional terms are received by the fair sex, because they suffer worse than men from being in places of isolation from society.
Not assigned
Not all attackers will be able to get a suspended sentence for crimes committed. Art. 73 of the Criminal Code indicates that this type of punishment cannot be applied to persons:
- convicted of atrocities against the sexual integrity of minors;
- being dangerous repeat offenders;
- committed grave and very grave deeds during the course of the trial period with conditional conviction or early release from the colony;
- involved in the preparation and organization of terrorist acts, the seizure and retention of hostages, and attacks on institutions that are under international protection.
In other words, these attackers will not be able to obtain suspended sentences. Because in such cases, only the appointment of real punishment is relied upon. After that, convicts are sent to places of isolation from society.
Taken into account
In the event that the judicial authority decides to impose a conditional sentence on an attacker, he must look at all the personality characteristics of the perpetrator. This takes into account all the circumstances of the incident, including mitigating or aggravating, as well as the public danger of the crime, because this is indicated by Art. 73 of the Criminal Code.
If the perpetrator of the crime carries out official duty, has a family and children, as well as positive characteristics, then, most likely, he will be sentenced to probation.
In other words, a person will be convicted and gain a criminal record, but will not go to serve his sentence in places of isolation from society. As a rule, such punishment is assigned to those citizens who first committed a crime of minimal or moderate gravity.
Comments
In the event that the judiciary concludes that the convicted person will be able to reform without isolation from society, the offender will receive a suspended sentence. But this is only possible in a situation when a citizen is appointed in the form of sanction: corrective labor, detention in a military disciplinary unit, restriction of service, and also if isolation from society is no more than 8 years. This rule is established by Art. 73 of the Criminal Code. One cannot but agree with the comments on it. In addition, upon conditional conviction, the perpetrator is set a certain trial period for his correction.
If, during the indicated period, the citizen has taken the right path and has not committed any violations when serving the sentence, then the criminal record is canceled at the end of this time. Otherwise, at the request of a specialized inspection, the court has the right to change the conditional term to real. And then the guilty will be sent to serve the sentence in the colony.
Additional sanctions
Exploring the norms of Art. 73 of the Criminal Code, it is easy to conclude that only the basic punishment imposed by a court on a guilty person for a crime committed can be conditional. However, additional sanctions also exist. The latter are applied together with the main punishment only if it is prescribed by law. Example:
- The man was convicted of an accident where people were badly hurt. Guilty received a suspended sentence. Nevertheless, the court decided to apply additional sanctions to the violator in the form of deprivation of a driver’s license. Thus, the culprit was assigned one year probation and a ban on transport management for two years.
Test period
This period is always assigned to the guilty person on conditional conviction. The term of the trial is necessary so that the convicted person, in fulfilling the duties assigned to him, proves his correction. At this time, the perpetrator must behave impeccably and not violate the law.
In the event that the court appoints a particular person imprisonment for a period of up to one year, the trial period is at least 6 months and a maximum of three years. This is written in Art. 73 of the Criminal Code in the new edition. In the event that the period of basic punishment is more than one year, then the trial period should be at least six months and not exceed five years. The indicated term begins to be calculated only after the sentence has entered into force.
Duties
They are assigned by the court to the guilty citizen sentenced to imprisonment on probation. In this case, the age and state of health of the citizen, his ability to work are taken into account. The duties imposed by the judicial authority on a person sentenced to probation include the following prohibitions:
- moving to another place of residence without notice to the executive inspection;
- change in work or study;
- visiting certain places (night clubs, bars, restaurants).
In addition, these citizens are required to come and report to the executive inspection of the area where they are registered. Conditionally convicted persons also cannot be outside their home from ten in the evening until six in the morning. This should be monitored by the district inspector and the punishment service.
It should also be noted that the judicial authority may oblige a patient with drug addiction or alcoholism to undergo treatment in a medical institution. As a rule, this helps attackers to take the path of correction.
General
If the court, when pronouncing the verdict on the attacker, comes to the conclusion that the latter can improve without isolation from society, he decides to impose a suspended sentence on the convicted person.
In what situation is this possible? When the term of punishment imposed on the guilty person does not exceed eight years of imprisonment, as well as when the latter is sent to correctional labor, to the disciplinary unit (for the military). This rule is enshrined in Art. 73 h. 1 of the Criminal Code.
Also, the judicial authority will never impose a suspended sentence on those who committed acts against the sexual integrity of children, prepared a terrorist act, and took people hostage.
Practice
A citizen stole a woman’s cell phone from a bag in a bank branch. Due to the fact that there were installed surveillance cameras for customers, police officers quickly caught the offender. It turned out to be a young, previously not convicted student of the institute. Law enforcement officials filed a theft. The young man confessed and repented of his deed. I apologized to the victim. At the hearing, the public prosecutor asked the court to appoint him for the theft for one year in isolation from society.But he pointed out that in this case the application of Art. 73 of the Criminal Code. Because the guilty party was not previously held accountable, studying at the institute, where he is in good standing.
The court, when studying the materials of the case, came to the conclusion that the citizen who committed the theft is not dangerous to society. In addition, the fact that he repented and admitted his guilt was taken into account.
The court convicted the convict taking into account the requirements of Art. 73 of the Criminal Code. The punishment was conditional with a trial period of six months.