Act IV of 1978 on the Criminal Code GENERAL ... - Legislationline

(5)In the case <strong>of</strong> waiver <strong>of</strong> right to trial (CP, Chapter XXV) the term <strong>of</strong> imprisonment may not exceedthree years in respect <strong>of</strong> crimes punishable by more than five but less than eight years <strong>of</strong> imprisonment,two years in respect <strong>of</strong> crimes punishable by more than three but less than five years <strong>of</strong> imprisonment,six months in respect <strong>of</strong> crimes punishable by imprisonment <strong>of</strong> up to three years.A supplementary punishment may be applied in lieu <strong>of</strong> principal punishment, as an independent punishment, if theitem <strong>of</strong> punishment <strong>of</strong> the crime is not more severe than three years imprisonment, and the aim <strong>of</strong> punishment may beachieved in this way. Only one supplementary punishment may be inflicted as an independent punishment.(1) The execution <strong>of</strong> an imprisonment not exceeding one year or <strong>of</strong> a fine may be suspended for probation, if it maybe supposed on well-founded grounds - especially with regard to the personal circumstances <strong>of</strong> the perpetrator -, that theaim <strong>of</strong> the punishment may also be achieved without the execution there<strong>of</strong>.(2) In a case deserving special appreciation the execution <strong>of</strong> an imprisonment longer than one year but not exceedingtwo years may also be suspended.(3) The period <strong>of</strong> probation <strong>of</strong> a fine shall be one year; imprisonment imposed for a misdemeanor <strong>of</strong>fense may besuspended for a period <strong>of</strong> one to three years, while imprisonment imposed for a felony <strong>of</strong>fense may be suspended for aperiod <strong>of</strong> two to five years probation. The period <strong>of</strong> probation shall be set forth in years and may not be less than theterm <strong>of</strong> imprisonment imposed.(4) If a perpetrator is sentenced several times to the punishment <strong>of</strong> the same type, suspended for probation, and theperiod <strong>of</strong> probation <strong>of</strong> no one <strong>of</strong> the punishments has elapsed, then the probation period <strong>of</strong> the previous punishmentshall be extended up to the elapse <strong>of</strong> the period <strong>of</strong> probation <strong>of</strong> the latter punishment.(5) If an imprisonment is executed on a perpetrator, for which the execution <strong>of</strong> a suspended punishment may not beordered, the period <strong>of</strong> probation shall be extended by the duration <strong>of</strong> the imprisonment.(6) Simultaneously with the suspension <strong>of</strong> the execution <strong>of</strong> imprisonment, the perpetrator may be put under thesupervision <strong>of</strong> a probation <strong>of</strong>ficer. If the perpetrator is a recidivist, he shall be under the supervision <strong>of</strong> a probation<strong>of</strong>ficer.