admonition alone (judicial admonition), will have sufficient influence on the perpetrator
to deter repeat offending.
Suspended Sentence
Article 53
(1) By pronouncing a suspended sentence the court pronounces a punishment
and orders at the same time that such punishment shall not be enforced provided that
the convicted person does not reoffend within a term set by the court for not shorter than
one or longer than five years (probation term).
(2) The court may specify in the suspended sentence that the punishment shall be
enforced if the convicted person does not return the pecuniary gain obtained through the
commission of the criminal offence or does not compensate for the damage he caused by
the commission of criminal offence or does not fulfill any other obligations provided for
in criminal law provisions. The deadline by which these obligations must be fulfilled
shall be set by the court within the probation term prescribed.
(3) Security measures which are imposed together with a suspended sentence
shall be enforced.
Conditions for Imposing Suspended Sentence
Article 54
(1) A suspended sentence may be imposed when the perpetrator is pronounced a
prison term up to two years.
(2) A suspended sentence may not be imposed for criminal offences punishable
by a prison term up to ten years or a more severe punishment.
(3) A suspended sentence may not be imposed unless more than five years have
passed since the date of the finality of the judgment of conviction for an offence
committed with wrongful intent. A suspended sentence may not be imposed on a
perpetrator who has already been imposed two suspended sentences.
(4) When determining whether to impose a suspended sentence, the court shall
take into account the purpose of the suspended sentence and give particular
consideration to the perpetrator’s personality, his personal history, his behaviour after
the commission of the criminal offence, the degree of guilt and other circumstances
under which the offence was committed.
(5) If both a prison term and a fine are pronounced on a perpetrator, a suspended
sentence may be imposed only for the prison term.
Revocation of Suspended Sentence due to New Criminal Offence
Article 55