In the case of a conditional suspended sentence, a conviction is handed down and a specific sentence is imposed on the defendant. However, the sentence is not enforced, but a probationary period is set, after which the sentence is definitively suspended. The probationary period must be at least one year and no more than three years.
Specific requirements for conditional suspended sentence are:
- The offender is sentenced to a term of imprisonment not exceeding two years
- The mere threat of execution of a sentence is sufficient to deter the offender from committing further punishable acts (special prevention)
- No execution of a sentence is required to prevent the commission of criminal acts by others (general prevention).
If the defendant is only sentenced to a fine, the maximum amount of the fine that can be imposed is ¾ of the fine.
If the conditions for a conditional suspended sentence are not met in full or apply to only part of the sentence, a partially suspended sentence is also possible – in this case, the part of the sentence not subject to conditional suspension is executed. In special cases, a prison sentence of more than two but not more than three years may be partially suspended.
