(2) The social service body and the proper counseling body shall be obliged: 3
1) to stimulate and to help the convicted, with practical advice, to fulfill the obligation
determined by the court, to understand the meaning of the conditional conviction with the
protective supervision, in order to achieve its aims and
2) to occasionally inform the court about the state of fulfilling the determined obligation.
Consequences from failure to fulfill the determined obligation
Article 58
(1) If the conditionally convicted person fails to fulfill the determined obligations, the
competent body in accordance with the law shall reprimand him in writing to fulfill the
determined obligation.
(2) If the convicted continues to fail to fulfill the determined obligation following the written
reprimand, the court revoke the conditional conviction on a proposal of the competent
body in accordance with the law.
(3) If more than six months pass after the decision, with which the protective supervision
was determined, comes into effect and yet the supervision has not started, the court shall
decide again about the need for its execution.
4. Conditional cessation of the criminal procedure
Conditions for cessation
Article 58-a
(1) For a crime for which the law prescribes a fine or an imprisonment sentence of up to one
year, the court may decide, after questioning and hearing the defendant and hearing and
the consent of the damaged party, to cease the procedure, provided that the offender will
not perform another crime within the time period of the cessation of the procedure.
(2) The procedure may, by a court decision, be suspended for a time period of at most one
year. The time period for cessation is not included in the time period for barring the criminal
prosecution.
(3) If the offender, within the control period does not commit a new crime and if, within this
time period, a previously committed crime is not revealed, the procedure shall be
terminated.
(4) When deciding to apply this measure, the court shall particularly take into account the
expressed repentance and apology of the offender, removal of the consequences of the
crime and compensation of damages caused by the crime.
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