Legal encyclopedia. The letter U

CONDITIONAL CONDEMNATION

- the non-application of a real punishment by a court if it comes to the conclusion that it is possible to correct a convict without serving a sentence under certain conditions.

The following can be singled out as signs of UO:

1) when the court order is always pronounced, the court will issue a guilty verdict. It provides for the type and amount of punishment that the convicted person would serve if the conditional conviction were not applied;

2) conditionally correctional work, restriction on military service, restriction of freedom, maintenance in disciplinary military unit or imprisonment for the term up to 8 years can be appointed;

3) the court comes to the conclusion that it is possible to correct the convict without serving a sentence;

4) when appointing a court, the court takes into account the nature and degree of public danger of the crime committed, the person responsible, including mitigating and aggravating circumstances.

The U.O. is only permissible for those persons whom the court trusts, believing that there is no need for a real enforcement of the sentence to correct them. It is necessary to pay attention that when speaking about personality characteristics, the court proceeds from the data characterizing the personality both before and after the commission of the crime: the absence of a previous conviction, the appearance with confession, the recognition of guilt, the active facilitation of the disclosure of the crime, voluntary compensation for harm, and A number of other obligations that mitigate the responsibility, including: lack of selfish and other basest motives, the commission of a crime under the influence of other persons, under the influence of strong emotional unrest caused by the wrongful actions of the victim, while protecting, although exceeding the limits of the necessary defense;

5) when appointing the UO, the court establishes a probationary period during which the conditionally convicted person must prove his correction by his conduct. In the case of imprisonment for a term of up to 1 year or a milder form of punishment, the probation period must be at least 6 months and not more than 3 years, and in the case of imprisonment for a period of more than 1 year - not less than 6 months and not more than 5 years .

When appointing the U.O., the court may impose certain duties on the conditionally convicted person: not to change the permanent place of residence, work, study without notification to the specialized state body that carries out the correction of the convicted person, not to visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse or Venereal disease, to provide material support to the family. The court may impose on the conditionally convicted execution and other duties that contribute to its correction.

Control over the behavior of the conditionally convicted is carried out by a specially authorized specialized state body, and in respect of military personnel - by the command of military units and institutions. During the probationary period, the court, on the proposal of the supervisory authority, can cancel all or part of or supplement the previously established for the conditionally convicted duties. Such representation is submitted to the court only when there is confidence in the absence of strict control over the conditionally convicted person.

As a general rule, the execution of a conditional sentence ends after the expiration of the probationary period. However, if, before the expiration of the trial period, the conditionally convicted person has proved his correction by his conduct, the court may, on the recommendation of the body exercising control over the behavior of the conditionally convicted person, take a decision to revoke the conditional conviction and to remove the conviction from the convicted person. In this case, conditional conviction can be revoked after at least half of the probation period.

In the event of a systematic or malicious default to the convicts during the trial period of the duties assigned to him by the court, the court may order the cancellation of the conditional conviction and the execution of the sentence imposed by the court verdict.

At the expiration of the probationary period, if the convict meets all the court's orders, his conditional conviction is automatically repaid, like all other legal consequences of the crime for which he was convicted. From this moment, the conditionally convicted person is considered not convicted.