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SUSPENSION OF JUDGEMENT, SUSPENSION OF SENTENCE, AND PROBATION - BELGIUM

NCJ Number
27096
Author(s)
R CHARLES; P VANDROOGHENBROECK
Date Published
1974
Length
126 pages
Annotation
TREATISE ON BELGIAN LAWS AND PROCEDURES FOR VARIOUS MEANS OF POSTPONING THE IMPOSITION OR EXECUTION OF SENTENCES INCLUDING COMPARISONS WITH THE SYSTEMS IN THE UNITED STATES AND WESTERN EUROPE.
Abstract
IN THE BELGIUM SYSTEM, THE SENTENCE MAY BE EITHER NOT PRONOUNCED (SUSPENSION) OR PRONOUNCED BUT SUSPENDED (SURSIS). IN EITHER CASE A STRUCTURED PROBATION PROGRAM MAY BE PRESCRIBED AS WELL. EACH OF THESE DECISIONS OF THE COURT REQUIRES DIFFERENT CONDITIONS REGARDING THE RECORD AND AGREEMENT OF THE OFFENDER. NOT ALL TYPES OF COURT MAY PRONOUNCE EACH OF THESE ALTERNATIVE DECISIONS. IN MAKING A DECISION SOME COURTS MAY AT THE REQUEST OR AGREEMENT OF THE ACCUSED ORDER AN INVESTIGATION INTO HIS BEHAVIOR AND SOCIAL MILIEU. DESCRIBED ARE PROCEDURES REGULATING THE INVESTIGATION, THE CONDITIONS FOR MAKING DECISION, THE CONDITIONS FOR REVOKING IT, AND THE CONDITIONS THAT MAY BE PRESCRIBED DURING PROBATION. ALSO DESCRIBED ARE THE FUNCTIONS AND AUTHORITY OF THE PROBATION WORKERS. OVERVIEW DESCRIPTIONS ARE PROVIDED OF EQUIVALENT INSTITUTIONS IN FRANCE, BRITAIN, ITALY, LUXEMBOURG, THE NETHERLANDS, SCANDANAVIA, AND WEST GERMANY. INCLUDED ARE BRIEF HISTORIES OF THE DEVELOPMENT OF THESE SYSTEMS IN BELGIUM AND THE OTHER COUNTRIES. --IN FRENCH

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