NCJ Number
54763
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 20 Issue: 1 Dated: (1976) Pages: 71-72
Date Published
1976
Length
2 pages
Annotation
CONDITIONAL SUSPENSION OF CRIMINAL PROCEEDINGS, A PROBATION-TYPE MEASURE INTRODUCED IN POLAND IN 1969, IS DESCRIBED.
Abstract
CONDITIONAL SUSPENSION IS APPLICABLE TO 90 OFFENSES (35 PERCENT OF ALL OFFENSES LISTED IN THE POLISH PENAL CODE) AND MAY BE GRANTED BY BOTH JUDGES AND PROSECUTORS. CONDITIONAL SUSPENSION IS AVAILABLE ONLY TO FIRST OFFENDERS AND ONLY FOR OFFENSES PUNISHABLE BY NOT MORE THAN 3 YEARS' IMPRISONMENT. CERTAIN CONDITIONS--COMPENSATION OF AND/OR APOLOGY TO THE VICTIM, PERFORMANCE OF UNPAID COMMUNITY WORK, THE GUARANTEE OF AN ORGANIZATION OR INDIVIDUAL WHO AGREES TO LOOK AFTER THE OFFENDER--MAY BE ATTACHED TO THE SUSPENSION. CRIMINAL PROCEEDINGS MUST BE REINITIATED IF THE OFFENDER COMMITS A NEW CRIME OR VIOLATES THE CONDITIONS OF THE SUSPENSION DURING THE STATED PROBATIONARY PERIOD. CONDITIONAL SUSPENSION HAS BEEN WIDELY USED BY POLISH COURTS AND PROSECUTORS. IN OVER HALF OF ALL CONDITIONAL SUSPENSION DISPOSITIONS, REQUIREMENTS SUCH AS PERFORMANCE OF UNPAID COMMUNITY WORK HAVE BEEN IMPOSED. THE BENEFITS OF CONDITIONAL SUSPENSION INCLUDE A REDUCTION IN THE USE OF SHORT-TERM SENTENCES, AND COMPLIANCE WITH THE TREND TOWARD NONINSTITUTIONAL SANCTIONS. THE PENAL CODES OF THE SOVIET UNION, ROMANIA, BULGARIA, AND EAST GERMANY CONTAIN SIMILAR MEASURES. A LIST OF REFERENCES IS INCLUDED. (LKM)