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10.25.2010

article 72 - draft amendment

Article 72. (Conditions of use) A suspension of sentence may be pronounced for an offender who has been sentenced to criminal detention or to fixed-term imprisonment for not more than three years, according to the circumstances of his crime and his demonstration of repentance, and where the people’s courts believe he does not pose the danger of recidivism. A suspension of sentence must be pronounced for offenders who have not reached eighteen years of age and those who are above seventy-five years of age. The influence offenders who have received a suspended sentence may have on the community where they live after the time of their sentence has elapsed should be taken into account, and whether effective means of surveillance exist.

At the same time a suspension of sentence is pronounced, according to the circumstances of the crime it, an offender can be ordered not to perform specific activities, not to enter specific areas, places, not to contact specific persons during the priod of probation.


If an offender for whom a suspension of sentence has been pronounced has been sentenced to a supplementary punishment, the supplementary punishment must still be executed.

Article 72. A suspension of sentence may be pronounced for a criminal element who has been sentenced to criminal detention or to fixed-term imprisonment for not more than three years, according to the circumstances of his crime and his demonstration of repentance, and where applying a suspended sentence will not in fact result in further harm to society.

If a criminal element for whom a suspension of sentence has been pronounced has been sentenced to a supplementary punishment, the supplementary punishment must still be executed.

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