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However, if it is not possible to resolve the dictator's sentence, it can be agreed upon at a later time: once the sentence becomes final, a hearing is granted to the parties (Prosecution Ministry, defense lawyer and private prosecution , if there is one) so that decide on whether or not it is appropriate to agree to the suspension of imprisonment. Duties, prohibitions or measures as a condition for granting the suspension The judge may condition the suspension of the sentence to the prisoner's compliance with a series of obligations or prohibitions or measures, which may include the payment of a fine, th or prohibition of communication with the victim, as the case may be. If, once the suspension of the custodial sentence has been granted, the convicted person seriously or repeatedly fails to comply with any of the conditions imposed on him, the suspension may be revoked and he must comply with the prison sentence originally imposed in sentence.
Other circumstances that may lead to the suspension of the custodial sentence There are other special considerations that a judge may take into account when considering granting suspension of a person's custodial sentence. These include, for example, that the convicted person suffers from some serious illness or health problem, incurable conditions, which makes it inadvisable to confine him or her to prison. In this case, the suspension may be agreed even if the sentence imposed is greater than 2 years (without any limit) and even if the civil liability has not been satisfied. It should be DM Databases noted that this cannot be applied if the convicted person committed the crime while he had another suspended prison sentence for the same reason. Another exceptional case is that the convicted person has committed the crime due to an addiction to a drug or other substance, provided that the penalty imposed is not more than five years in prison.
In that case, the custodial sentence may be suspended, but the convicted person must certify that he is attending a detoxification center to end the addiction problem he suffers from or that he is already sober. If he does not comply with this, the suspension of the custodial sentence will be revoked and he must go to jail for the time indicated in his sentence. Revocation of the suspension of the custodial sentence Article 86 of the Penal Code establishes the causes that may lead to the revocation of the measure of suspension of the freedom sentence. They are between them: That the convicted person commits another crime during the period of suspension of the custodial sentence. That he repeatedly fails to comply with the obligations, duties, prohibitions or accessory penalties that have been imposed to grant him the suspension of the custodial sentence. Do not provide exact and sufficient information about the location of assets whose confiscation has been agreed upon in the process.
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發表於 16:26:49