Suspended sentence

The judge may suspend the sentence of a person sentenced to imprisonment of 2 years or less (TCK 51). A suspended sentence is not served in prison; the convicted person is placed under a period of supervision. With a suspended sentence the conviction is announced and entered in the criminal record, which distinguishes it from the deferred announcement of the verdict.

Conditions

• The sentence imposed must be imprisonment of 2 years or less. For people who were under 18 or over 65 at the time of the offence, the limit is 3 years.
• The person must not previously have been sentenced to more than 3 months’ imprisonment for an intentional offence.
• Because of the remorse shown during the proceedings, the court must be satisfied that the person will not reoffend.

The suspension may be made conditional on compensating the damage caused to the victim or the public; until the condition is met, the sentence is served in prison.

Supervision period

• It may not be less than 1 year or more than 3 years, and may not be shorter than the sentence imposed.
• During this period the court may set obligations, such as attending a vocational training programme or working under supervision, and appoint an expert adviser.
• If the convicted person commits an intentional offence during the supervision period, or persistently fails to comply with obligations despite a warning, the enforcement judge orders the suspended sentence to be served in prison in part or in full.