What is a suspended sentence or conditional punishment?
Criminal law allows for the possibility of replacing actual imprisonment with a suspended sentence. In a court decision, the judge may partially or fully replace the actual serving of a sentence with a conditional punishment. In this case, the court specifies the length of the probation period and separately outlines the punishment that will be enforced if the convicted person breaks the law. According to current judicial practice, a suspended sentence is granted when it is believed that the individual can reform and change their behavior without imprisonment. If the person successfully completes the probation period without violations, no real punishment will follow.
What types of probation periods exist?
The probation period can be imposed with or without supervision requirements. The probation period ranges from one to five years.
What must be followed and what should not be violated during the probation period?
In addition to the probation period, the court may impose behavioral controls that must be followed. These control requirements include the following conditions under Section 75(1) of the Penal Code:
- Residing at a specified place of residence
- Appearing for registration with a probation officer
- Obtaining permission from the probation officer to leave Estonia.
The court may impose additional behavioral control requirements under Section 75(2) of the Penal Code:
- A requirement to abstain from alcohol and/or drugs
- Undergoing necessary treatment
- Participating in social programs
- Compensating the victim for damages.
Additional requirements are set based on the nature of the crime.
What are the consequences of violating the probation period?
- In the case of a new intentional crime: If the convicted person commits a new intentional crime during the probation period, the unserved part of the sentence will be enforced. In this case, the sentence will be imposed cumulatively.
- In the case of behavioral control violations: If the convicted person fails to meet the control requirements, does not fulfill their obligations, or violates electronic monitoring, the probation officer may issue a written warning, or the court may impose additional punishments, extend the period of behavioral control, or enforce the unserved portion of the sentence.
How does the conversion of a suspended sentence to enforcement work?
If the person has not been previously detained, they will typically receive a notification from probation authorities requiring them to report to prison to serve the sentence. If the person does not report within the specified time, they may be detained and forcibly taken to prison.
How does defense proceed for someone who has violated probation conditions?
- Minor violations: One defense tactic is to admit the mistake and argue that the violation was insignificant (e.g., a one-time failure to appear before the probation officer). The court may find such behavior excusable and not enforce the sentence.
- Denial of violation: Another defense strategy is to deny the occurrence of the violation (e.g., in the case of an alleged drug use violation without proper evidence). If there is no proof, a significant dispute may arise regarding the circumstances of the case.
Can these two strategies be combined?
Based on criminological experience, it is not advisable to combine them, as they are essentially mutually exclusive. It is better to choose one – the most suitable and well-founded. It is impossible to justify different positions with the same circumstances.
Appeal Procedure
The decision of the enforcement judge of the district court can be appealed within 15 days of receiving the decision. The appeal is filed through the district court and will be reviewed by the court of appeal. In the case of an unfavorable outcome, an appeal can also be filed with the Supreme Court, but only with the help of a attorney.
Assistance of a Attorney
Although the participation of a attorney in such a process is not mandatory by law, the person has the right to choose their own legal counsel. A attorney will help determine the defense strategy and gather the necessary documents.
Attorney
Sworn attorney Ilya Zuev can assist with criminal law matters.
Advantages:
- Knowledge of the specifics of handling cases of this category.
- Correct assessment of the situation and choice of defense strategy.
- Experience working as a attorney since 2011.
