A suspension of sentence is the legal term for a judge's postponement of a defendant's sentence for a sentence after their conviction, to allow the defendant to conduct a probationary period. If the defendant did not violate the law during that period, and met the special requirements of the probationary period, the judge usually refused the sentence.
Video Suspended sentence
Australia
In Australia, reprieve is usually imposed to reduce tension in overcrowded jails. For example, an individual may be sentenced to six months imprisonment, which is entirely suspended for six months; if they committed another offense during the year, the original prison term was immediately applied other than the other.
On September 1, 2014, the reprieve was no longer in Victoria.
Maps Suspended sentence
Canada
People's Republic of China
In the People's Republic of China (excluding Hong Kong and Macao), both suspended sentences and suspended penalties (Mandarin: span lang = "zh"> ?? , also translated as " with a reprieve ") displayed in criminal law. In the first situation, a term of three years or below can be suspended. In the second situation, punishment does not immediately follow a guilty verdict, but is determined after probation.
Death penalty can also be suspended (called "death penalty with reprieve"), so an offender who unintentionally offends during a two-year suspension period will have a penalty that is alleviated to life sentence.
Finnish
A suspended sentence is called ehdollinen vankeusrangaistus in Finnish, which translates to "conditional imprisonment". When imprisonment is imposed conditionally, enforcement is suspended for probation. Length of probation of at least one and at most three years. The trial period begins with a statement or decision issue. When conditional prison sentences are imposed, the convict must be notified, in connection with the declaration or decision issue, the date when the trial period ends and from the base on which the punishment may be ordered to be enforced.
The court may order the application of conditional imprisonment if the convicted person commits a violation during the probationary period and the indictment has been filed within one year from the end of the probationary period. In this case, conditional penalties to be enforced, penalties for offenses committed during probation and imprisonment for other offenses considered in the same hearing must be united as an unconditional prison sentence. The court may also order that a conditional prison sentence is imposed only partially, in which case the remainder of the sentence will continue to be conditional, subject to the same probationary period.
ireland
In the law of the Republic of Ireland, the law of 2006 with which a probationary penalty was activated was unconstitutionalized in 2016. The 2006 law requires a court decision on whether to activate a suspended sentence immediately after the sentence is then given down, even if there is a pending appeal for confidence in the future.
Japanese
Suspension of sentence ( ???? , shikk? Y? Yo ) is a common practice in Japan and can be applied in cases where the sentence is for 3 years in prison and/or a fine of 500,000 yen. Any criminal activity during the period of reprieve will result in cancellation of sentences and imprisonment for a specified period of time.
United Kingdom
Deferred penalties may apply if the sentence period is under two years and the violator agrees to comply with the requirements of the court including curfews, unpaid work and rehabilitation. In 2017, 5% of penalties result in probation, compared to 7% of direct custodial punishment.
United States
In the United States, it has become common practice for judges to impose suspended penalties on first-time offenders who have committed minor crimes, and for prosecutors to recommend pending penalties as part of bargaining pleas. They are often given to reduce the effects of punishment.
In some jurisdictions, criminal records from the guilty party will still commit a foul, even after a reasonable period of trial is served. In other cases, pending adjudication processes prevent confidence from appearing on a person's criminal record, after the trial period has been completed.
In the federal system, the judge's authority to suspend punishment has been abolished, by the 1984 Reform Law of Punishment, through the United States Punishment Commission, and enforced by Mistretta v. United States .
See also
- Pending sentence
References
Source of the article : Wikipedia
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