Conditional imprisonment

A sentence of imprisonment for at most two years may be imposed conditionally, unless the criminal history of the convicted person or other circumstances require that unconditional imprisonment be imposed. First-time offenders are, as a rule, sentenced to conditional imprisonment. The court decides on the length of the sentence and sets a probationary period, the length of which is one to three years. If the convicted person does not commit any new offences during the probationary period, he or she is not imprisoned and the sentence shall lapse. If the convicted person, during the probationary period, commits another offence punishable by unconditional imprisonment, the sentence for the offence committed during the probationary period and the sentences of imprisonment for the other offences shall be joined as one unconditional sentence of imprisonment.

In addition to conditional imprisonment, a fine is often imposed. Such an ancillary fine must be paid in any case and it will not be reimbursed even if the conditional sentence of imprisonment was later ordered to be served in prison. If the length of a conditional sentence of imprisonment exceeds one year, an ancillary community service order may also be imposed.

Published 19.6.2018