Suspended sentence
Suspended sentence
The idea is as follows: a sentence is passed but its execution is put on hold. This sentence is accompanied by a period of observation, known as the probation period, during which the authorities keep a close eye on the offender and impose a number of safeguards. This probation period can be extended to between 2 and 5 years. At the end of the probation period, either the offender has behaved without committing any further offences, or the sentence has been a success. However, if the offence is repeated during the probation period, the suspended sentence is revoked if the measures have failed. There are two types of suspended sentence: a partial suspended sentence and a full suspended sentence. If a full suspended sentence is granted, the entire sentence will be suspended and will not have to be served if the probation period is successfully completed. In the case of a partial suspended sentence, only part of the sentence will not be served, but the remainder will still have to be served, depending on what the judge decides.To be granted a suspended sentence, the penalty at risk must be a financial penalty or a custodial sentence, i.e. imprisonment, for a maximum of 2 years. It is also essential that the person concerned has no previous convictions in the five years preceding the offence, or that particularly favourable circumstances apply in his or her case. In other words, the risky custodial sentence must not appear to be essential to deter the offender from committing other crimes or offences. Therefore, if the judge considers that the risk of imprisonment will deter the person concerned from any criminally reprehensible behaviour, the prognosis will be considered favourable.
