What does a suspended court sentence mean? Is a suspended sentence a criminal record? What is a criminal record? What restrictions exist?

A suspended sentence is a punishment that does not involve imprisonment, which allows the offender to remain free. But it presupposes many restrictions that the convicted person will face. In addition, the “condition”, like any other type of criminal punishment (except for a fine), provides for a criminal record with all the ensuing consequences. Let's talk in more detail about what this punishment is, in what cases it can be obtained, and what the consequences of a suspended sentence may be for the convicted person.

Why do they give a suspended sentence?

A suspended sentence may be imposed if the court considers imprisonment or correctional labor inappropriate. When making a decision, the court takes into account the severity of the crime and its danger to society. In addition, the choice in favor of a suspended sentence may be made in the presence of mitigating circumstances. Conversely, if there were aggravating circumstances, there is a high likelihood of more serious consequences, including imprisonment.

The court will also take into account whether the defendant has an outstanding criminal record and the lifestyle he leads. In addition, characteristics from places of study or work are also important. The opinion of a person from management and colleagues is important.

Note!

The court also pays attention to whether the defendant has a family and children.

It is also necessary to note how exactly public danger is determined. The court takes into account the subsequent behavior of the accused. The likelihood of a suspended sentence is higher if the defendant:

• compensated the victim for damages;
• admitted guilt;
• repented.

Responsible for the behavior of a civilian who has received a suspended sentence is the Criminal Executive Commission. As for persons who serve in the army, they will be controlled directly by the command staff of the military unit in which the convicted person serves.

Consequences of probation

The main advantage of a suspended sentence, compared to other types of punishment, is the preservation of freedom. However, you should not expect that a suspended sentence will allow you to live without restrictions. They are and will be quite severe. Let's look at them in more detail.

• Ban on traveling abroad. If you are given a suspended sentence, then you can forget about any foreign trips for the entire period of the sentence.
• Ban on visiting certain places.
• Obligation to receive treatment for detected diseases. If a person is diagnosed with sexually transmitted diseases, an unhealthy craving for alcohol or drugs, or other problems of this kind, he will have to deal with this during the probationary period.
• Possible dismissal from military service.
• Inability to exercise the right to vote.
• Obligation to work officially.
• The obligation to constantly check in with the local police officer.

Note!

Traveling abroad is still possible in exceptional cases. For example, in case of a serious illness of a close relative. Moreover, if the sentence is suspended, the foreign passport may be confiscated. You can only leave with the knowledge of law enforcement officers.

A criminal record makes it impossible to work in law enforcement agencies, and in other companies there are often problems with the security service. Therefore, a suspended sentence, while allowing one to maintain freedom, creates many additional difficulties in the future.

Probation period for suspended sentence

A certain probationary period is established for all suspended persons. During this period, the citizen is obliged to confirm that the trust was placed in him not in vain. In particular, throughout the entire period of time the person is obliged to comply with all the conditions determined by the court. In case of non-compliance, it is possible to replace the suspended sentence from a probationary period to a real one.

The minimum duration of the probationary period, determined by law, is six months. The maximum suspended sentence is 5 years. During this time, any offense carries with it the threat of immediate review of the sentence up to actual imprisonment.

Extension of the probationary period for a conditionally convicted person

The probationary period for a suspended sentence may be extended. This possibility is provided for by the provisions of the Criminal Code of the Russian Federation. Such measures are resorted to if a citizen has not taken the path of reform, but has not committed crimes for which he could be removed from probation and sent to a colony.

Note!

The law provides for a maximum extension period of the “condition” in the Russian Federation of up to 12 months.

A petition to extend the probationary period is submitted by the criminal correctional commission. It is associated with the commission of an administrative offense by a citizen. For example, if a convicted person got into a fight or did not obey a law enforcement officer, these are already grounds for reviewing the court’s decision. Also, similar measures can be taken against people who evade compliance with the instructions.

Replacing a suspended sentence with a real one

A suspended sentence is a trust that is given to a convicted person only once. And if he does not take his chance, the court reviews the sentence and replaces it with a real term. The suspended sentence may be revoked in the following cases:

1. if the convicted person continues to ignore the requirements of regulatory authorities after the extension of the probationary period;
2. if the convicted person repeatedly commits an offense of medium gravity;
3. if the convicted person commits a crime classified as grave or especially grave.

If any of these conditions are met, the PEC sends a petition to the court to review the verdict. And in most cases, judges will grant the request, and the convicted person will have to spend the rest of the suspended sentence directly behind bars. As a rule, replacing a “probation” with a prison sentence is more common than extending the probationary period.

How to get a suspended sentence

The deciding factor in your case will be the line of defense you or the attorney representing you choose.

In accordance with judicial practice, you can receive a suspended sentence instead of a real one if you help solve the crime from the very beginning. Repentance of the person who committed the crime, as well as cooperation with the investigation, are key mitigating factors when choosing a punishment. This must be remembered at the investigation stage and based on this, build a further strategy for behavior in court.

If the bench is an exemplary family man who works and has good reviews from work, and the crime itself was not serious, then the probability of obtaining the desired result is quite high.

Note!

To get a “condition” instead of a real term, you need a good, qualified lawyer.

If a person with an outstanding criminal record, suffering from problems with alcoholism or drug addiction, and without a family, applies for a “condition,” then the court will most likely ignore the petition.

How to remove a suspended sentence early

Another important question to consider is: Can probation be paid off early? Parole is also quite possible. If you do not want to wait for the trial period to expire, then you need to follow certain rules:

• the convicted person must fully admit guilt and repent;
• losses caused to the victim must be compensated in full;
• the convicted person should not have administrative penalties or new criminal cases;
• no one should have any complaints regarding behavior;
• all requirements put forward by the court must be fulfilled;
• the convicted person must have a good reference from the place of employment or study.

If you meet all these criteria, your criminal record is cleared and you get back to your old life.

Note!

Only persons who have served half of the probationary period can apply for parole on a suspended sentence.

In order to get rid of a criminal record, it is necessary to prepare a petition to the court. If your arguments can convince the judge that you have really changed for the better, then, most likely, you will be able to get rid of the “condition” much faster than the end of the remaining probationary period, not to mention the real one.

Summary

The suspended sentence is regulated by the provisions of Article 73 of the Criminal Code of the Russian Federation. It can be assigned for crimes of mild and moderate severity if the court is confident that there is no need for a real term. There are some conditions that may also contribute to the court’s decision to impose a suspended sentence. This requires compensation for damage to the injured party, as well as an admission of guilt and repentance. If you are given a suspended sentence, you will not be able to travel abroad, visit certain places, and will also receive many other restrictions. To get out of the situation with minimal damage, contact the lawyers of our company for help. You can contact us by phone or through the online form.

One of the types of punishments that can be applied to convicted persons in the territory of our country, defined by the criminal code, is serving the prescribed preventive measure on probation. A suspended sentence is actually the release of a citizen who has committed a crime (when his guilt is proven) from the penalties that are assigned to him by the court.

Along with such release, a number of obligations are imposed on the convicted person, consisting of establishing a probationary period, restricting movement, etc. Conditions for the application of such a measure are possible in certain cases, which are regulated by criminal law. In addition, the law provides for actions to terminate a measure such as a suspended sentence or its extension.

List of punishments that can be replaced by probation and its concept

There is actually no specific list showing the list of things for which a suspended sentence is given. Regulatory acts and laws make a distinction - in what cases it is possible to apply it, and what elements of the crime committed make its purpose impossible.

What is probation in simple words? The essence of this concept is as follows:

• Assignment of a specific punishment, which can be replaced with a suspended sentence;
• If there are circumstances allowing such an action, the appointment of a suspended sentence;
• The possibility of replacing a suspended sentence with actual imprisonment for certain actions of a convicted person during a specified period;
• Imposition of certain restrictions on the actions of the convicted person, violation of which may result in cancellation of the extension of the probationary period.

The procedure for applying the condition is determined by Article 73 of the Criminal Code of the Russian Federation and a similar measure can be used if the convicted person was sentenced to one of the following punishments for the crime he committed:

• Obligation to perform corrective work. In such a case, the period of such labor activity is not taken into account;
• Imposing restrictions on contract military service (in practice, such a measure is equated to the need to perform correctional labor);
• A measure of detention in a military unit of a disciplinary type (a similar punishment is used for military personnel on contract and military service);
• A sentence awarded in the form of deprivation of a citizen's liberty. In such a case, neither regulations nor examples from judicial practice provide grounds for assigning a suspended sentence, if the duration of such punishment, determined by the court, exceeds 8 years.

In addition to the provided grounds that allow the use of a conditional sentence, there are also some restrictions in the presence of which its appointment is impossible:

• If the convicted person is under an article relating to a crime of a sexual nature (corruption, rape, etc.) of children under the age of 14;
• If the convicted person has committed any actions that fall under involvement in terrorist activities - relating to organization, preparation, complicity, commission, etc.;
• If the convicted person committed an attack or other unlawful act against a foreign citizen who is under international protection;
• If the crime committed by the convicted person can be classified as a dangerous recidivism.

Special conditions of appointment and passage

Among other conditions, the legal nature of assigning a suspended sentence requires taking into account the following factors:

• Mitigating circumstances that are observed or proven in the case under consideration;
• Aggravating - those information about which are contained in the criminal code according to a separate classification;
• The immediate identity of the person involved in the case - his characteristics, services to society, etc.

In accordance with Art. 73 of the Criminal Code of the Russian Federation and also comments to it, the restrictions imposed on persons when assigning such a term to them depend on the age of the convicted person, his state of health, ability to perform certain works and can be as follows (they are determined exclusively by the court):

• A ban on changing your place of residence without separately reporting this fact to the body that is supposed to monitor the location of the conditionally convicted person and his behavior. Separately, it is worth noting that probationers are checked in at the frequency indicated by them, personally visiting the territorial office to confirm their presence in a specific locality or area;
• Prohibition on changing the place where a person works or undergoes training without separate notification of this fact;
• Prohibition of visiting certain places, organizations, establishments;
• Imposing an obligation to take a course to get rid of alcohol or drug addiction (if such an addiction exists and, especially, provided that it served as an accompanying circumstance for the person to commit illegal actions);
• A commitment to employment (or continued employment) in a specific location. A similar requirement may also apply to training.

Duration of probation

With regard to the duration of the period of probation imposed by the court, the governing code provides the following:

1. The duration of the suspended period is not necessarily equal to the period of the original punishment provided for the crime committed by the person;
2. The shortest duration of probation begins at six months;
3. The maximum duration can be at this point:

• Three years, in the event that the obligation to perform correctional labor or stay in prison for a period of less than one year is replaced;
• Five years, if the deprivation of liberty of a citizen for a period exceeding one year is replaced.

Possible actions during and after probation

Depending on various circumstances, as well as the actions and behavior of the person at the end of such a period and during it, the following options for further actions are possible:

1. If, during the period established by the court, the convicted person, as a result of his behavior (work, getting rid of addictions, activities useful to society, etc.) proves correction, if more than half of the period appointed by the court has passed, a decision may be made to vacate the criminal record. Such an action can be carried out at the special request of state bodies and in such a case the person is considered to have served his sentence in full;
2. If the convicted person has violated any restrictions applied to him, or has not fulfilled the obligations due to him, or may have violated the established rules of public order (for such an action he may be held administratively liable), the consequences for the person may be as follows:

• Increasing the assigned period while maintaining existing limitations on obligations. Such a measure may extend the duration by one year at most;
• Sending a warning to the person in the form of a letter, which will spell out his violations, as well as possible consequences if he repeats actions that contradict the conditional regime.

1. In case of certain actions on the part of the person brought to justice, it is possible to prematurely cancel the imposed suspended sentence and apply the type that was determined by the court (for example, imprisonment). Such an action becomes possible in the case when the probationer has committed the following types of offenses:

• has systematically violated (twice in one year or more) the fulfillment of restrictions or obligations applied to him,
• violated the established public order,
• did not show up at the designated place and time,
• left his place of permanent residence without warning, went into hiding (absent for a period exceeding one month).

1. In the event that the conditionally convicted person has committed another crime that is being considered by the Criminal Code of the Russian Federation, this means the following;

• The suspended sentence is retained only if the new illegal act was committed through negligence or does not relate to cases of particular gravity;

The suspended conviction will be canceled and the punishment established by the judicial authority will come into force, to which a penalty for a newly committed crime may be added.

You can't say no to prison. No one in life is immune from anything, and a person is sometimes capable of the most unexpected acts, such as theft, an accident, or causing bodily harm. More often, such events entail further proceedings, litigation and even seizure of the criminal’s property, depending on the situation. But in any case, if there is a criminal, there will be punishment.

Definition of probation

In criminal law, the concept of “probation” (or suspended sentence) implies that the convicted person is free, without actually serving a sentence in prison. In fact, there is a criminal record, there is a term to serve, but the location is whatever is convenient for the criminal.

The entire suspended sentence of a convicted person is controlled by an authorized state body, which supervises the correction of the convicted person’s behavior and helps him re-educate in every possible way. It is desirable that during this time the convict proves himself in community service and establishes himself as a reliable person. These character traits will definitely be included in the character reference at the end of the probationary period.

In case of evasion of obligations imposed on him, commission of a crime or offense, the suspended sentence is replaced with a real one and the convicted person is taken into custody. This decision is always made by the court. Appeals filed against such a decision, according to practice, are always rejected and remain unsatisfied.

If the convicted person behaved diligently during the probationary period and was able to prove to the inspectors of the regulatory body that he has reformed, then at the end of the term all restrictions are automatically lifted and the criminal record is expunged through the court. But if in the future a certificate of criminal record is required (for example, for employment or permission to purchase, store and use weapons), then this certificate will indicate that the citizen had a criminal record, served a suspended sentence, restrictions and a criminal record were lifted and expunged.

Investigation and trial

The legislation provides for a number of articles in the Criminal Code, sanctions under which allow the criminal to get off with only a suspended sentence. There are 4 degrees of severity of crimes: minor, medium, grave and especially grave, and a suspended sentence is provided only for crimes of minor severity, where the amount of material damage caused is no more than 20,000 rubles. The main condition for being free after committing a crime is the absence of a criminal record or even prosecution for minor crimes (for example, administrative ones). In this case, a sentence such as a suspended sentence with a probationary period may be imposed.

The investigator in charge of the criminal case will carefully study the personality and behavior of the accused, the presence of a tendency towards alcoholism or drug use. At the end of the criminal investigation, a description given by the local inspector will be attached to the case. The court will pay attention to this characteristic when passing a sentence.

Control over the execution of the sentence

After the trial has taken place and the accused has become convicted, and instead of imprisonment he has been given a suspended sentence, the next and last action of the court provided for in the criminal process will be to carry out the punishment. Since problems may arise in the exercise of this right, the court is obliged to monitor the correct execution of the sentence, while at the same time monitoring and implementing its decisions on the following issues:

• bringing the sentence into effect after it has entered into legal force;
• execution of the sentence and its enforcement in relation to acquittal or release from custody - the immediate enforcement of such a sentence can be right in the courtroom;
• exercising direct control over the enforcement of the sentence, as well as resolving all issues related to the impossibility of instant execution.

Criminal Executive Inspectorate

Having exercised its rights, the court transfers the verdict to the criminal-executive inspection, which is directly involved in the execution of criminal punishment in relation to persons not taken into custody. The criminal-executive inspection, having received a verdict, begins its observational proceedings.

Inspection jurisdiction:

• probationers;
• suspects and accused in respect of whom the investigator has chosen a preventive measure - house arrest.

The main area of ​​work is exercising control over persons who received a suspended sentence, as well as monitoring their implementation of the following types of punishment:

• taking direct part in correctional work;
• attending mandatory work;
• restrictions on work activity - the convicted person does not have the right to engage in certain activities or hold certain positions;
• changing the type of punishment to taking into custody in case of violation by the convicted person of the rights and obligations assigned to him.

End of term

After the end of the probationary period, the convicted person has the opportunity to remove and expunge his criminal record in the manner prescribed by law through the court, by submitting a presentation.

The state, by providing its citizen with the opportunity to correct his behavior and realize his mistakes, gives a chance to remain free after committing a crime. On the one hand, this is punishment. But on the other hand, the criminal remained free. He, like other citizens, has the opportunity to live at home, continue to work, engage in hobbies and not be limited in space. Thus, the criminal, getting a chance not to be isolated from society, must use it correctly and perceive it as a warning.

Probation- this is a method of punishment for a crime, which is based on the establishment of measures for the defendant that are achieved without actually serving a sentence for actions, a correctional period during which the accused proves his innocence, and repentance.

Maximum suspended sentence

The maximum term that can be imposed is eight years.

Is it possible to get a suspended sentence?

There is no clearly limited answer to the question posed, because everything directly depends on the components of the case.

But to the question: “is a suspended sentence possible?” you can get the answer: “when you admit guilt and help the investigation understand the case.” But you shouldn’t stop there and you need to urgently look. It is with an active defense that a suspended sentence in a criminal case is more often possible than when a lawyer hides the details of the case only to prove the defendant’s innocence. The judge will be more adequate in this case when he knows the truth and that you are aware of your wrong actions.

The lawyers of our company will always help you and provide any legal assistance on any issues that arise. Even the most difficult cases can only be resolved within the maximum suspended sentence.

Contact us and you are guaranteed qualified protection. If you have a question about in what cases a suspended sentence is given, you can easily contact a lawyer, because only he can help you clarify all the circumstances of the case.

You should not rely on unqualified specialists in this section, because they can only lead you to imprisonment in your case. Therefore, it is better to immediately contact specialists who will help in any situation.

For what articles do they receive a suspended sentence?

The basis for the possibility of choosing the use of a method may be the possibility of application with visible results. The final decision about whether this can be done or not is based on the degree and characteristics of the action performed. It is also necessary to take into account the degree of danger to the surrounding society.

But you should not base punishment only on aggravating circumstances. Often, when granting a suspended sentence, the judge takes into account all the positive qualities of the defendant.

After you have found out why you are given a suspended sentence, it is worth remembering two penalties for a suspended sentence:

The period of suspended sentence.
. Correctional period.

A person who has committed a serious crime is not limited in the right to receive a suspended sentence, under certain conditions. If you are wondering exactly how to get a suspended sentence in this case, then here you can hope for an exception to the rule.

The court may give preference to a suspended sentence, because there is the possibility of proving one’s minor role in the crime committed, which does not provide for the isolation of the convicted person from society. In this case, he does not pose any danger to others. If the convicted person has received several charges at once, then a suspended sentence under the article is awarded not for each individual case, but for the totality of crimes.

Reasons why a suspended sentence is not given

A suspended sentence consists of the following: the administrative body makes a verdict, but does not prescribe serving it in prison, but only a conditional form of it.

The administrative body does not carry out the punishment only if it is subject to the fulfillment of specific conditions specified in the judicial decision. The possibility of receiving a suspended sentence is applicable only under the conditions established by law and with certain types of punishment:

Corrective actions.
. Arrival under different conditions.

A suspended sentence is not assigned under the following conditions:

. Committing a serious/especially serious crime.
. Committing an action that threatens the lives of other people.
. For crimes against sexual integrity.

What is a probationary period

Probation is a period of time during which the innocence of the convicted person is proven. The length of such time depends on the type of crime and the punishment applied. If the punishment is established in the form of imprisonment for a year or less, then the probationary period will be limited to six months to 2 years.

If the period is one year or more, then the correctional time is determined by a period from six months to 5 years. It comes in several varieties: More punishment with imprisonment. Equal to the sentence imposed. Less punishment, which includes imprisonment.

When assigning probationary time, the administrative body must fully explain the reasons for the particular time assigned. When assigning correctional time, the court can impose various types of punishment, which are carried out by the accused throughout the entire period of the sentence.

Control over the correct execution of all punishments is carried out by the inspectorate for criminal inspection cases at the place of residence of the accused, and if a serviceman received the punishment, then by the command of the military unit. If the crime was committed by a minor, then control is carried out by the juvenile affairs inspectorate.

If the convicted person has served his term well and has proven himself on the positive side, then the specified management body can submit a petition to the administrative department to cancel all obligations that were imposed on him at the time of sentencing. But this can only arise when all parties are completely confident that there is no total control. If the defendant, after the charges were dropped, committed any violation, then all authorities for the removal of punishment will be responsible for this.

In the most serious and systematic violations, the defendant may be returned to the appropriate amount of punishment. When the probationary period expires, upon successful execution of the court sentence, the criminal record for the crime is completely removed from the accused.

Despite all the apparent severity of the legislation towards criminals, sentences are often passed in which judges impose a suspended sentence. That is, the convicted person is obliged to serve not exactly a sentence, but to “endure” some inconveniences, which should put the erring citizen “on the right path” while waiting for the end of the probationary period. But no matter how much the state meets people who show hope for reform without prison, a suspended sentence is a criminal record with its reduced consequences.

What is a suspended sentence?

Subject to certain conditions, which will be discussed below, the punishment assigned to the perpetrator may become suspended. The court has the right, in a verdict of guilty, to assign to the defendant the type of punishment (what specific punishment he must suffer), its amount (how long he must serve the sentence), but consider it conditional.

The punishment is not actually carried out, and the convicted person is assigned duties, the fulfillment of which will help him prove that he has reformed.

The court determines a period, called probation, during which someone found guilty of a crime must comply with certain conditions and perform duties listed in the sentence. If they are executed properly, the punishment will not be carried out.

Having a criminal record means that a conviction has been made against a person; he has a criminal record from the date the sentence comes into force until the date the criminal record is expunged or expunged.

A suspended conviction will affect the punishment if a person commits a crime again, and also carries a number of “inconvenient” consequences, for example, in the form of the inability to carry out work in some areas. With removal or neutralization, all its consequences are also neutralized.

Term of punishment

With real punishment, the time frame within which a criminal record is expunged depends on what punishment is imposed and is calculated only from the date of its execution. With a suspended sentence, the criminal record is expunged along with the completion of the probationary period.

The probationary period is established:

• from six months to 3 years, when punished by imprisonment for up to 1 year or less severe;
• from 6 months to 5 years if a prison sentence exceeding 12 months is imposed.

It is counted from the entry into force of the sentence, and includes the period from the date the sentence was announced.

Types of punishments that can be suspended

The punishment may be suspended if the citizen is assigned:

• correctional work;
• imprisonment for up to 8 years.

The court has the right to assign a suspended sentence to a specific defendant, but is not obliged. In order for the sentence to be suspended, in addition to compliance with the conditions, the court must be convinced that the offender can reform without execution of the punishment.

This means that the evidence presented, characteristics, documents, behavior of the defendant during the pre-trial investigation, court hearing and other circumstances led the court to this conclusion.

Conditionally serving military personnel may also serve a service restriction, as well as detention in a disciplinary military unit.

Other types of punishments established by the Criminal Code can only be real.

Conditions of probation

A suspended sentence cannot be applied if the convicted person has been charged with the following crimes:

1. Violating the sexual integrity of persons under 14 years of age.
2. Related to terrorist activities.
3. Hostage taking.
4. Attacks against internationally protected persons or institutions.

The law prohibits a suspended sentence when the defendant reoffends and has previously been convicted, under the following conditions:

• if the new crime is serious (the most severe punishment is not more than 10 years in prison);
• especially grave (the sanction of the article establishes the maximum punishment of more than 10 years in prison);
• if the defendant committed it during the probationary period when convicted of another intentional crime or during parole during the unserved part of the sentence;
• if he is a dangerous or especially dangerous repeat offender.

Responsibilities under probation

• not change your place of residence, work or study without notifying the specialized authority;
• do not visit the places specified in the sentence, for example, drinking establishments;
• receive treatment for alcohol addiction, drug addiction, substance abuse, or a sexually transmitted disease;
• continue to work/get a job or continue studying.

This list is not exhaustive. If the court decides that some other obligation can contribute to correction, it has the right to indicate it in the verdict. For example, the court almost always imposes an obligation to report to a specialized body - once, twice or more a month.

Where, how and when to register and report for probation

The law defines a body that controls the behavior of a suspended prisoner - this is criminal-executive inspection, or briefly - UII.

From the moment the verdict is announced, the 10-day countdown begins for appealing it, after which the verdict comes into legal force. After this, the court was given three days to carry out the sentence.

That is, if a suspended sentence is imposed, a court employee within this period sends a copy of the sentence to the correctional institute in the area of ​​residence of the convicted person for its execution. The day the sentence is received by the penal inspection is the date the convicted person is registered.

After the verdict is received, an inspector responsible for working with the probationer is appointed, who must call him to conduct a first conversation.

You must show up when called with identification documents. All other documents that need to be carried with you must be indicated in the notice of appearance sent to the convicted person. The date of appearance is a maximum of 10 days from registration.

At your first meeting with the inspector:

1. Documents are being checked.
2. Fingerprinting is carried out.
3. Other information is being revealed.
4. The rights and obligations of the convicted person are explained.
5. The frequency of appearance and its days are determined, if such an obligation is specified in the sentence.

At the end of the conversation, the conditionally convicted person is asked to sign an explanation of his rights and obligations, and is also given a memo. If the court has ordered treatment, a referral to the appropriate medical institution is issued.

During the probationary period, the inspector of the penal inspection periodically checks the fulfillment of the duties of the probationer. Checks are carried out at the place of residence, place of work or study, and in various public places. Once every 3 months they are held together with the police.

Cancellation of probation

If the convicted person behaved exemplary, the court may revoke the suspended sentence under the following conditions:

• partial or full compensation for harm from the crime;
• after at least half of the probationary period has passed.

Together with the early revocation of probation.

Extension of probationary period

If the duties were not fulfilled or were not fulfilled in full, the inspection may prepare and send documents to the court to supplement them.

If the convicted person completely evaded fulfillment of duties or compensation for damage, violated public order, for which he was brought to administrative responsibility, the court has the right to extend the probationary period for no more than 1 year.

Replacement with real punishment

The court has the authority to revoke a suspended sentence and order the actual execution of the sentence if:

• systematic bringing to administrative responsibility related to violation of public order;
• facts of non-fulfillment of duties;
• if the convicted person escaped control.

A similar decision may be made if the court previously extended the probationary period due to the convict’s evasion of compensation for damage, and during the extended period he continues to do so.

In any case, when considering petitions, the penal inspectorate, in order to supplement duties, extend the probationary period, cancel the suspended sentence and bring the sentence to actual execution, determines the reasons for the violations.

To avoid negative consequences, they must be significant and recognized as respectful. For example, a valid reason may be illness, hospital stay, etc. The validity of such reasons must be confirmed not only with words, but also, if possible, with documents, for example, a doctor’s certificate, sick leave, etc.

Consequences of committing criminal offenses during probation

If a crime is committed through negligence or intentionally of minor or moderate gravity, the court has the right to decide whether the conviction under the first sentence is suspended in a new sentence. There may be options:

• the suspended sentence remains so and the sentence is carried out independently;
• the suspended sentence is revoked, and part or all of the punishment for the first sentence is added to the punishment for the second crime.

If an intentional grave or especially grave crime is committed, the conditional sentence without options must be revoked, and the punishment must be imposed based on the totality of sentences by adding up the sentences on them in whole or in part.

End of control

The inspector stops monitoring the conditionally convicted person at the end of the probationary period; he is removed from the register the next day.

Restrictions for a probationer

Despite the simplified form of a suspended sentence compared to a real one, it still entails a number of unnecessary consequences that cannot but affect the life of the convicted person.

Among them:

• inability to be a candidate and elected to legislative bodies;
• inability to travel abroad;
• Men of military age who receive suspended sentences are not called up to serve in the army, and contract service is also impossible;
• inability to get a job in government. authorities, in particular, the police, the FSB, the prosecutor's office, the court, the Investigative Committee and others;
• If you have a criminal record, even a suspended one, and in some cases an expunged one, for a number of crimes, it is impossible to engage in teaching activities, as well as work in education, upbringing, recreation, medical care, and social services. protection and service, sports, culture and art of children;
• Many employers now pay attention to whether a job applicant has a criminal record, regardless of its form or how long ago.

With a suspended sentence, all negative consequences of a criminal record are canceled from the day the probation period ends, and the person is considered to have no criminal record.

But formally, in particular by studying the documents of applicants, employers, upon seeing information about the presence of a criminal record in the past, even if removed and expunged, look for and find other reasons not to hire.