(4) Safety measures applied in addition to the suspended sentence shall be
enforced.
Suspension of Sentence
Article 58
(1) The court may suspend the sentence when the perpetrator has been
punished by imprisonment for a term not exceeding two years or by a fine.
(2) Sentence may not be suspended for criminal offences, for which a prison
sentence for a term of more than three years is prescribed by the statute.
(3) The court shall suspend a sentence if, in considering the personality of the
perpetrator, his past behaviour, his conduct after committing the offence, his degree of
criminal liability, and other circumstances, under which the offence was committed, it
comes to the conclusion that it is reasonable to expect that the perpetrator will not
commit any further criminal offences.
(4) If the suspended sentence includes any accessory sentences, the court may
decide that such sentences are to be carried out.
Revoking of Suspended Sentence due to Further Criminal Offence
Article 59
(1) A suspended sentence shall be revoked if, during the term of suspension,
the offender commits one or more criminal offences, for which the court has imposed a
prison sentence of not less than two years.
(2) In the event of the offender committing one or more criminal offences during
the term of suspension, for which a prison sentence of less than two years or a fine have
been imposed, the court shall decide whether to revoke the suspension after considering
all the circumstances referring to the criminal offences committed and to the perpetrator,
and in particular the similarity of the crimes committed, their significance and the
motives, for which they were committed. In so acting, the court shall be bound by the
proviso that no sentence shall be suspended if, for criminal offences decided in the
judgement involving a suspended sentence and for criminal offences committed anew,
the perpetrator is punished by more than two years of imprisonment (paragraph 1 of the
preceding Article).
(3) In cases involving the revoking of a suspended sentence, the court shall
impose a combined sentence, which takes into account the criminal offences committed
earlier as well as the new offences, in accordance with Article 53 of the Penal Code,
whereby it shall presume the sentence contained in the revoked suspended sentence to
be already fixed.