Definition
(1) A sentence of imprisonment for a term of two years or less may be suspended. The
upper limit of this term is three years for those under eighteen of age or above sixty five
years old at the time of the commission of the offence. However, in order to decide to
suspend the sentence,
a) the person should not have been sentenced to a penalty for a term of more than
three-month imprisonment for an intentional offence,
b) the Court should be convinced, as a result of hearing the remorse he expressed
during trial, that the offender will not commit further offences in the future.
(2) The suspension of the penalty may depend upon the condition that compensation is provided to the victim or public, which returns or restores matters to their previous condition or which indemnifies such in respect of all damage caused. In such case, the enforcement of the penalty shall continue at the institution of enforcement until this condition is met. Once the condition is met, the offender shall be released immediately, upon a decision of a judge.
(3) A probation period which is not less then one year and not more then three years shall
be imposed for an offender whose sentence has been suspended. The lower limit of this
period shall not be less than the term of sentence.
(4) Within the probation period, the court may decide that:
a) an offender, who does not have a profession or trade, shall attend an
educational program for educational purposes,
b) an offender, who possesses a profession or trade, shall work in a public or
private institution under the supervision of another person who has the same
profession or trade in return for remuneration,
c) an offender, who is under the age of eighteen years of age, shall attend an
educational institution, which provides accommodation when necessary, in order
to acquire a profession or trade.
(5) The court may assign an expert to counsel the offender within the probation period. This
expert shall: give guidance to the offender designed to aid the person to act responsibly
and refrain from negative behaviour; meet and discuss with the authorities of the
educational institution or work place of the offender; prepare a report, every three
months, on the development, behaviour, social adaptation and sense of responsibility of
the offender and convey these reports to the judge.
(6) The court, by considering the personality and social status of the offender, may decide
not to impose any obligation or authorize an expert for the probation period.
(7) If the convict commits an intentional offence or does not follow his obligations within the
probation period, despite the warning of the judge, the Court shall decide to fully or
partly enforce the suspended sentence in an enforcement institution.
(8) If a period of probation has been spent in compliance with the requirements and in a
good manner, the sentence shall be regarded as served.