Fines and imprisonment are not the only criminal sanctions that can be imposed on a defendant in criminal proceedings. For minor offenses, certain alternatives may be used. One such alternative is probation (informally known as a suspended punishment). It is applied when a warning with the threat of punishment can be expected to have a sufficient effect on the offender to refrain from committing further crimes.
What is probation and conditions for imposing?
Probation is a criminal sanction that belongs to so called warning measures. With probation a prison sentence is determined and at the same time it’s established that the prison sentence won’t be carried out if the convicted person does not commit a new criminal offense within a certain period of time. Therefore, after the convicted person has been found guilty, he will not serve a prison sentence, but instead is conditionally released.
Probation cannot be imposed for criminal offenses for which a prison sentence of eight years or a heavier sentence can be imposed, while it can be imposed for others. One of the frequent examples of criminal acts for which a suspended sentence is imposed in practice is Endangerment of safety – of course, when it is determined that the conditions for it exist.
The condition for imposing probation (for criminal offenses for which it is possible) is that the court in a specific case has determined a prison sentence of less than two years.
Probation may not be imposed if a period of five years since the finality of a prison sentence or probation for a premeditated crime, has not passed.
What is the probationary period and when can it be revoked?
Probationary period is a period of time during which it is checked whether the convicted person has committed a new criminal offense. This period of time is determined by the court when passing the verdict. Probationary period cannot be shorter than one year or longer than five years.
Additional conditions may also be set by the verdict. The court can require the convicted person to return the benefit acquired by the criminal conduct, to compensate for the damages caused or to fulfill some other obligation stipulated by the criminal law provisions.
Revocation of probation means activating a prison sentence for violating the conditions of probation.
If the convicted person committed a new criminal offense during the probationary period, and the court imposes a prison sentence of two years or longer for that criminal offense, the court must, by law, revoke the probation. If the convicted person commits a new criminal offense for which a shorter prison sentence has been imposed, the court may decide not to revoke the probation, taking into account all the circumstances of the new criminal offense.
The court may revoke the probation if it is determined that the convicted person committed a criminal offense before being sentenced to probation. This takes place if the judge determines that there would be no grounds for probation if he had known about that criminal offence.
When probation is revoked, the court determines a single prison sentence for both criminal offences. Essentially, this means that the convicted person is sent to serve the prison sentence for the criminal offense covered by probation and for the new criminal offense.
Probation may be revoked if the convicted person does not fulfill other conditions set in the judgment.
Types of probation
There are two types of probation: without protective supervision and with protective supervision.
1. Probation without protective supervision
Probation without protective supervision is a type of probation where the prison sentence and probationary period is determined. The verdict may impose additional conditions.
2. Probation with protective supervision
Probation with protective supervision includes everything that former does, with the addition of protective supervision for a certain period of time during the probationary period.
Protective supervision includes certain measures of assistance, care, supervision and protection. Some of these measures are: reporting to the certain authority within certain deadlines, training for a certain profession, abstaining from the use of drugs and alcohol, and others.
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