Suspension

Verified 17 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You're going to be tried in a criminal court for a infringement ?

If you're convicted, you may be eligible for a stay. This will allow you not to execute the jail sentence or fine.

For sentences handed down from March 24, 2020, there are two types of stays: simple stays and probation.

A simple conditional sentence is subject to the simple condition of not committing a new offense, whereas a conditional sentence includes obligations to be complied with.

Simple reprieve

A simple stay is a waiver of a prison sentence and/or a fine imposed on you.

A simple stay may apply to the entire sentence or only to part of the sentence. In the latter case, we are talking about partial reprieve.

The situation varies depending on the sentence that the court that judges you want to impose on you.

Imprisonment

You can receive a conditional sentence if you have not been sentenced, within 5 years before the facts for which you are being tried, to a firm prison sentence following a crime or to a offense.

Other than imprisonment

The situation varies depending on theinfringement that you committed is a offense or a contravention.

Offense

You can receive a conditional sentence if you have not been sentenced, within 5 years before the facts for which you are being tried, to a similar sentence as the court wants to impose on you.

Contravention

You can receive a stay of execution despite a previous conviction.

The situation varies depending on the nature of theinfringement for which you are being tried.

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Crime

A simple deferral may be applied to the following penalties:

  • Prison sentences of up to 5 years
  • Fine
  • Sentence of fine day
  • Restrictive sentence of rights
  • Additional penalty

Contravention

A simple deferral may be applied to the following penalties:

  • Penalty of Monetary Penalty for Fifth Class Contravention
  • Restrictive or restrictive sentence of rights
  • Additional penalty

The decision to impose a simple conditional sentence is made by the court that judges you for the offense committed.

A simple stay of execution shall be imposed at the same time as the sentence, in the same judgment.

A simple stay of execution means that you don't have to serve the sentence, and therefore you don't have to go to jail or pay the fine.

But the conviction is not overturned: it remains in Bulletin No. 2 and in Bulletin No. 3 of your criminal record.

Exemption from execution of the sentence is subject to the condition that no new offense is committed within a specified period of time test period.

The test period is 5 years for crimes and offenses and 2 years for contraventions.

That period shall begin to run from the date on which the conviction became definitive.

The situation varies depending on whether the simple conditional sentence is a prison sentence or a fine.

Imprisonment

If you don't make a new one infringement in the trial period, the prison sentence is considered to have never existed even.

This is despite the fact that only part of the sentence was suspended.

It is said that the penalty is non-avenue.

This means that you no longer have to serve the sentence.

It is deleted from Bulletin No. 2 of your criminal record, but remains on Bulletin No. 1.

Warning  

if you commit a new offense after the probation period, the conviction for which you received the conditional sentence may be taken into account in determining whether you are in a state of recurrence or not.

Fine

The situation varies depending on whether or not a simple stay is granted for the entire fine.

Total reprieve

If you do not commit a new offense within the trial period, the fine is considered to have never existed.

They say she's non-avenue.

This means that you no longer have to serve the sentence.

It is deleted from Bulletin No. 2 of your criminal record, but remains on Bulletin No. 1.

Warning  

if you commit a new offense after the probation period, the conviction for which you received the conditional sentence may be taken into account in determining whether you are in a state of recurrence or not.

Partial reprieve

If you don't make a new one infringement within the trial period, the part of the fine with a simple stay is considered to have never existed.

They say she's non-avenue.

This means that you no longer have to serve that part of the sentence, but you have to serve the other part that is not conditional.

The suspended portion of the sentence is deleted from Bulletin No. 2 of your criminal record, but remains on Bulletin No. 1.

Warning  

if you commit a new offense after the probation period, the conviction for which you received the conditional sentence may be taken into account in determining whether you are in a state of recurrence or not.

FYI  

in the case of partial suspension, the period during which you must not commit a new offense infringement is not counted while you carry out the firm part of the sentence.

A simple stay may be revoked if you commit a new infringement within the test period.

The revocation is not automatic, the court responsible for the judgment of the news infringement must make a decision that orders it.

The situation varies depending on the nature of the new conviction.

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The new conviction is a firm prison sentence

If you are sentenced to a term of imprisonment during the probation period, the court that is trying you for this new offense may decide to revoke the simple conditional sentence that was granted for the first conviction.

Revocation may be total or partial.

Warning  

the court revoking the stay may also issue a reasoned decision ordering your imprisonment.

The new conviction is not a firm prison sentence

If you are sentenced to a sentence different from imprisonment during the probation period, the court that judges you for this news infringement may decide to dismiss the simple stay that was granted for the first sentence, if it is not a firm prison sentence.

Revocation may be total or partial.

Warning  

the court that revokes the stay may also make a reasoned decision to send you to prison.

Suspension of probation

A stay of probation is a court decision that authorizes you not to execute the sentence if you comply with certain obligations set out in the judgment.

You have to meet the obligations of the probation for a certain period of time called probationary period.

The stay of probation may apply to the entire sentence or only to part of the sentence.

The situation varies depending on whether you have already been convicted of another offense infringement or not.

You haven't been convicted of another offense yet

You can get a probation if you've committed a crime crime or a offense and that you are sentenced to a term not exceeding five years' imprisonment.

The conditional sentence can apply to all or only part of the sentence.

You've already been convicted of another offense

You can receive a conditional sentence if you are sentenced to a term of not more than 5 years in prison, or 10 years if you are found to be recurrence.

If you are a repeat offender, the conditional sentence cannot be applied to the entire new sentence.

It is the court that pronounces the sentence that also sets out the obligations imposed on you.

The supervision of the proper execution of these obligations is carried out by the judge of the application of sentences (JAP).

He is assisted by social workers in carrying out this monitoring, especially by the prison insertion and probation counselors (CPIP).

There are general obligations that all convicted offenders must meet and personalized obligations.

General obligations

These obligations include:

  • Notify the social worker of changes in employment, residence or any movement of more than 15 days
  • Respond to the summons of the judge or social worker
  • Provide the social worker with all documents and information to verify compliance with the obligations
  • Receiving the social worker at home when he comes
  • Notify JAP of any travel abroad, before such travel takes place
  • Obtain JAP's approval in the event of a move or change of job, if this may impede JAP's obligations
Personalized obligations

In addition to the general obligations, you can have the following custom obligations:

  • Obligation to work or undergo training
  • Obligation to care for alcohol, drugs or to discuss problems with a professional (psychologist or psychiatrist)
  • Obligation to repair the damage caused by the infringement
  • Obligation to carry out work of general interest
  • Obligation to do an internship

These measures can also be prohibitions. For example:

  • Not connecting with certain people
  • Do not go to certain places (someone's home, drinking establishments, a specific city...)
  • Not owning or carrying a weapon
  • Do not engage in activities involving habitual contact with minors
  • Do not drive a vehicle

You must comply with the obligations of probation for a period of time called probationary period.

The length of the probationary period shall be fixed by the court.

The probationary period is between 1 and 3 years.

If you are in recurrence, the probationary period shall be between 1 and 5 years.

In the case of double recidivism, the probationary period can range from 1 to 7 years.

FYI  

the probationary period is no longer counted if you are incarcerated or under the control of the justice system (e.g., under house arrest with an electronic bracelet, in remand custody, in a bracelet, on day parole or out of custody).

The application of the stay of probation shall be decided by the court in charge of the case.

A stay of execution is imposed at the same time as the sentence.

The conditional sentence waives your obligation to serve the sentence, and therefore not to go to jail or pay the fine.

But the conviction is not overturned: it remains in Bulletin No. 2 and in Bulletin No. 3 of your criminal record.

Exemption from the execution of the sentence is subject to compliance with the obligations imposed by the court or by the sentencing judge on probationary period.

If you have complied with all the obligations imposed on you during the probationary period, the suspension of the execution of the sentence becomes final.

The sentence is then considered to have never existed.

They say she's non-avenue.

You will not have to execute the sentence.

It will be deleted from the number 2 of your criminal record, but will remain on the number 1.

Warning  

if you commit a new offense after the probation period, the conviction for which you received the conditional sentence may be taken into account in determining whether you are in a state of recurrence or not.

A stay of probation may be revoked if you do not comply with the obligations or prohibitions or if you commit a new infringement within the probationary period.

Non-compliance with obligations

If you do not comply with the obligations or prohibitions of probation, the JAP may decide to dismiss the reprieve.

The public prosecutor may also ask the JAP to revoke the stay for the same reason.

New Offense

If you commit a new offense during the probationary period, the court that issues a new conviction may dismiss deferral, after obtaining the opinion of the JAP.

The suspended sentence has been revoked in addition to the new harsh sentence.

If the court does not revoke the probation order, the JAP may decide to order the revocation because of this new conviction.

The public prosecutor may also ask the JAP to revoke the stay for the same reason.

Scope of revocation

A stay of probation may be revoked in part or in whole.

If the stay of probation is partially revoked, you must execute the part of the sentence affected by the revocation.

If you are released from prison after serving this part of your sentence, you will remain subject to the obligations of the stay that has not been revoked, for the remaining period of your probationary period.

Partial revocation may be made several times.

The total revocation of the probation period requires you to carry out the sentence originally imposed.

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