(1) If a person is sentenced to a term of imprisonment not exceeding one year the court shall suspend the enforcement of the sentence for a probationary period if there are reasons to believe that the sentence will serve as s sufficient warning to the convicted person and that he will commit no further offences without having to serve the sentence. The court shall particularly take into account the character of the convicted person, his previous history, the circumstances of his offence, his conduct after the offence, his circumstances and the effects to be expected from the suspension.
(2) The court may, under the conditions of subsection (1) above suspend the enforcement of a term of imprisonment not exceeding two years for a probationary period, if after a comprehensive evaluation of the offence and character of the convicted person special circumstances can be found to exist. In making its decision, the court shall particularly take into account any efforts by the convicted person to make restitution for the harm caused by the offence.
(3) The enforcement of a sentence of imprisonment exceeding six months shall not be suspended when reasons of general deterrence so require.
(4) The suspension must not be limited to a part of the sentence. It shall not be excluded by any crediting of time served in custody on remand or any other form of detention.