. Section 11(a) – Monitoring sentence (329/2011) (1) An offender who is sentenced to a fixed term of unconditional imprisonment of at most six months shall instead have a monitoring sentence imposed for a similar length of time if: (1) due to the bar referred to in section 11, subsection 1 or to the absence of the prerequisite referred to in subsection 2 of said section the offender may not be sentenced to community service; (2) no bar to imposing a monitoring sentence is deemed to arise from an earlier imposed monitoring sentence or unconditional imprisonment nor from the nature of the offence in question; and (3) imposition of a monitoring sentence is deemed to be justified for the maintenance of promotion of the social adaptation of the offender. (2) A further requisite for a monitoring sentence is that the offender has given his or her consent to the imposition of the monitoring sentence as punishment and the adults living in the same household as the offender have on their own firm will consented to the enforcement of the monitoring sentence in said household. An additional requisite is that the obligation referred to in section 41 of the Act on Enforcement of Community-Based Sanctions to remain in one’s household and participate in the activity that he or she has been ordered to carry out, may be imposed on the offender, and the offender may be assumed to complete the monitoring sentence. A monitoring sentence may not be imposed without an enforcement plan. Section 45, subsection 2 of the Act on the Enforcement of Community-Based Sanctions contains provisions on ascertaining the opinion of, and the hearing of, under-aged persons living in the household. (401/2015) Section 12 – Waiving of punishment (515/2003) A court may waive punishment if (1) the offence, when assessed as a whole, taking into account its harmfulness or the culpability of the offender manifested in it, is to be deemed of minor significance, (2) the offender has committed the offence below the age of 18 years and the act is deemed to be the result of lack of understanding or of imprudence, (3) due to special reasons related to the act or the offender the act is to be deemed comparable to an excusable act, (4) punishment is to be deemed unreasonable or pointless in particular taking into account the factors referred to above in section 6, paragraph 3 and section 7 or the actions by the social security and health authorities, or (5) the offence would not have an essential effect on the total sentence due to the provisions on sentencing to a joint punishment.