What is the conditional term

In the Criminal Code it is said that certain types of punishments can be imposed conditionally. These are punishments such as restrictions on liberty, restrictions on military service, detention in special (disciplinary) HF, as well as on deprivation of liberty (if the term is up to eight years). A conditional period is possible only if the court finds that the person will be able to improve in this way. Most often, he is appointed precisely for crimes committed for the first time.

Conditional term: restrictions, duties, legal status of convicts

When passing sentence, the court must take into account the degree of danger of the crime committed by the person, the identity of the offender, his emotions and motives at the time of the crime, all circumstances (aggravating and mitigating).

In principle, conditional condemnation can replace a punishment for a crime of any severity, however, for particularly grave crimes, it is appointed only in exceptional cases. Sometimes the main punishment is replaced by a conditional one, but there is still an additional punishment.

What does conditional condemnation mean? This means that it is based on certain conditions that are established by criminal law. It is always associated with a probationary period. During this period, the convicted person will have to prove that he has reformed and no longer encroaches on those social relations that are protected by law.

The conditional term is almost always associated with the performance of certain duties. An example is the ban on the change of residence, study, work without prior notification to the authorized body that oversees the person sentenced to suspended sentences. This person may be prohibited from visiting certain places. These include gambling establishments, discos, bars and other institutions that can influence its correction.

The conditional term in some cases is appointed only when the offender agrees to undergo a course of treatment from drug addiction, alcoholism, any disease, substance abuse or something else. From this person, a promise can be made to provide material support to the family (their own or the victim).

Controls the correction of the conditionally convicted special authorized body. With regard to military personnel, this control is exercised by the command of military establishments and units.

If the suspended sentence has not yet expired, and the person sentenced to it has already managed to prove its correction, the court may decide to cancel this term or to lift certain restrictions. This decision, he takes on the basis of information received from the supervisory authority.

Under certain circumstances, the conditional term can be extended. As a rule, this is due to the fact that the convicted person evades from the duties assigned to him by the court, commits any administrative violations. The conditional term can not be extended for more than a year.

The CC specifies the following grounds for its cancellation:

- the sentenced person proved that he managed to improve;

- the term of conditional conviction has expired;

- the sentenced person did not perform the duties assigned by the court (in this case the punishment ceases to be conditional);

- The convicted person has conditionally committed a violation of the law (gravity matters).

The conditional term, the consequences of which are numerous, is connected with a previous conviction. Recall that the latter means a certain legal status of persons who, due to the commission of a criminal offense, were punished. The conviction in the case under consideration is removed on the very day when the conditional term ends. A person who has fully served a conditional sentence is considered to be unconvicted.