The probationary sentence is a mode of personalization of the sentence. It suspends the execution of a prison sentence, but the person criminally responsible must respect the obligations and prohibitions that the court sets for a certain time, the probationary period. Learn here how long does probate take in california.
This reprieve can be:
Total: the entire prison sentence is then suspended. The condemned person must respect the measures of the court.
Partial: This suspends part of the prison sentence while the other part remains in prison to be executed.
Finally, it should be noted that the probationary sentence is an alternative sentence to imprisonment. In addition, it is accompanied by measures of control, assistance, and obligations that aim to combat the dissocializing effects of short prison sentences.
Probationary Suspension: conditions
Several conditions must be met to be able to pronounce a probationary reprieve. Indeed, these conditions relate to:
The prison sentence imposed by the judge: must be less than or equal to 5 years. It can be 10 years if the author of the offense is legal recidivism.
The offense committed: must be a crime or an offense under common law.
The probation period: which must be between one and three years. Note: this period can be 7 years when the person is in legal recidivism.
The sentenced person: can be a person aged 13 and over.
A person the judge or lawyer like in Barr & Young Attorneys for example, recognizes as irresponsible does not have the probationary stay applied. But it can apply to an accomplice in an offense. Nevertheless, the total probationary stay is not possible if the person responsible is in a state of legal recidivism and has already been the subject of:
Two Probationary Sentences For Identical Or Similar Crimes.
A probationary suspended sentence for an identical or similar offense. The new offense must be serious, that is to say, a felony or misdemeanor of willful violence, assault, or sexual assault. It can also be an offense with aggravating circumstances of violence.
Finally, it should be noted that in criminal proceedings, it is impossible to pronounce such a stay if the court pronounces a sentence of community service and socio-judicial follow-up.
Probationary Suspension: obligations
The court in charge of the case decides on applying the probationary Suspension and pronouncing it at the same time as the sentence. Thus, the court sets the obligations incumbent on the convicted person.
Please note: after the court’s decision, the condemned person is controlled by the Territorially competent Sentencing Judge (JAP). Thus, the JAP will ensure the proper execution of the measures and obligations.
The Judicial Oversight and Investigations Service (SCJE) is called upon to summon the convicted person. This makes it possible to explain the procedure, measures, and obligations of the probationary stay to the latter. What are the mandatory measures to be respected in this context? The beneficiary of a probationary suspension must:
Notify the social worker of changes in employment, residence, or any travel of more than 15 days;
Respond to various invitations;
- Give the social worker all the documents and information that make it possible to verify compliance with the obligations;
- Receive the social worker at his home when he comes;
- Before any trip abroad, inform the JAP;
- Have permission from the JAP if he wishes to move or change jobs.
It is important to know that several other obligations are possible, depending on the situation and the offense committed by the convicted person. They may relate to an obligation of care, training, or even compensation for damage.
In some cases, it can also be prohibitions such as:
The ban on getting in touch with certain people or going to certain places.
Do not drive a vehicle.