Today’s Legal Enlightenment (Wednesday, 21 September 2022)

The term “probationary sentence” or “conditional sentence” is known in the general sense that even though it has been proven to have committed a crime and was sentenced to a criminal sanction, the defendant does not have to serve the sentence handed down by the judge unless, at a later date, the defendant is sentenced another crime before the end of their probationary period. In that case, the sentence imposed must be executed. This authority is given by Article 14a to 14f of the Criminal Code to a deciding judge on the condition that the defendant is sentenced to a maximum imprisonment of one year or imprisonment, not including substitute confinement. And the maximum probation period is two years, except for criminal acts regulated in Articles 492, 502, 504, 506, and 536 for a maximum of three years.

→ Supreme Court Decision No. 2020 K/Pid/2010.

Best regards,

Fredrik J. Pinakunary