What is a suspended sentence?
A suspended sentence (Article 14a of the Criminal Code) means that the court imposes a penalty but does not execute it in whole or in part, provided that you comply with the conditions set during a specified probationary period. The purpose is to motivate you not to commit new criminal offences, without having to serve the sentence or pay the fine immediately.
Probationary period
The probationary period for a suspended sentence is generally two years for criminal offences (Article 14b of the Criminal Code). For certain serious offences, the probationary period can be extended to up to ten years. During the probationary period, you must comply with the conditions set by the court.
General and special conditions
The general condition is that you do not commit a criminal offence during the probationary period. In addition, the court may impose special conditions (Article 14c of the Criminal Code), such as:
- Reporting obligation to the probation service
- Outpatient or inpatient treatment
- Contact ban or location ban
- Compensation to the victim
- Drug testing or alcohol ban
- Electronic monitoring (ankle bracelet)
Consequences of violating the conditions
If you violate the conditions, the Public Prosecution Service may request the execution of the suspended part of the sentence (Article 14g of the Criminal Code). The court decides whether the suspended sentence will be executed after all. This may mean that you must still serve the prison sentence or pay the fine. The court may also extend the probationary period or modify the conditions.
Partially suspended
Often the court imposes a sentence that is partly unconditional and partly suspended. For example: four months' imprisonment of which two months are suspended with a probationary period of two years. You then actually serve two months in prison, and the remaining two months hang over your head as a deterrent.