The CC said that some kinds of punishments can be assigned arbitrarily.We are talking about such punishment as restriction of freedom, restrictions on military service, maintenance in the special (disciplinary) HF, as well as the deprivation of liberty (if up to eight years).Probation is possible only if the court finds that a person can be corrected in this way.Most of all, he was appointed for crimes committed for the first time.
conditional terms: restrictions, duties, and legal status of convicted
At sentencing, the court must take into account the gravity of the offense committed by the person, the personality of the offender, his motives and emotions at the time of the crime, the circumstances (aggravating and mitigating).
Basically, probation can replace a punishment for a crime whatever the severity, but the most serious crimes, he was appointed only in exceptional cases.Sometimes the main punishment is replaced by a conditional, but further still remains.
What is probation?This means that it is based on certain conditions established by the criminal law.It is always associated with a trial period.During this period, the convicted person would have to prove that the fix and no longer infringes on the social relations that are protected by law.
probation is almost always linked to the performance of certain duties.As an example is the ban on change of place of residence, study, work without notice of the authorized body, which oversees the person sentenced to a suspended judgment.This person may be banned from certain places.These include casinos, discos, bars and other establishments that may affect its correction.
probation in some cases, be appointed only if the offender agrees to undergo treatment for drug addiction, alcoholism, an illness, substance abuse, or something else.With this person may be taken on the promise of providing material support to the family (or his victim).
Controls correction probation commissioner authority.With respect to the military control commands the military institutions and units.
If a suspended sentence has not yet ended, and sentenced him to the face has already managed to prove its correction, the court may decide on the abolition of the term or removing certain restrictions.The decision it takes on the basis of information received from the supervisory authority.
Under certain circumstances, a suspended sentence may be extended.Typically, this is due to the fact that the convicted person evades the responsibilities that are assigned to it by the Court, performs any administrative violations.Conditional period may not be extended for more than a year.
The Criminal Code specifies the following grounds for its cancellation:
- sentenced person has proved that managed to fix;
- probation period has expired;
- sentenced person fails to perform duties of the court (in this case the punishment ceases to be suspended);
- probation admitted violation of the law (the gravity of matter).
probation, the consequences of which are numerous associated with a criminal record.Recall that the latter refers to specific legal status of persons who by reason of a criminal offense was issued the penalty.Conviction in this case acted in the same day, the end of probation.A person who has completed a fully suspended sentence, is considered criminal record.
