Conditional Sentence

Conditional Sentence in Europe

Conditional Sentence in Sweden under Section 2

Under Part Three, on Sanctions, and Chapter 27, on Conditional Sentence, the Section 2 reads as follows: A conditional sentence may be combined with day-fines, at most two hundred, regardless of whether a fine is prescribed for the crime or not. (Law 1991:240).

Conditional Sentence in Sweden under Section 1

Under Part Three, on Sanctions, and Chapter 27, on Conditional Sentence, the Section 1 reads as follows: A conditional sentence may be imposed by a court for a crime for which the sanction of a fine is considered inadequate. (Law 1988:942)

Conditional Sentence in Sweden under Section 2a

Under Part Three, on Sanctions, and Chapter 27, on Conditional Sentence, the Section 2a reads as follows: A conditional sentence may, if the accused consents, be combined with a condition of community service. Such a condition shall prescribe an obligation to carry out unpaid work for at least forty hours and at most two hundred and forty hours. When the court decides on a condition of community service it shall state in its judgement what length of imprisonment would have been imposed if imprisonment has been chosen as the sanction. Where there is reason to do so, a condition of community service may be modified or ended at the request of a prosecutor. (Law 1998:604)

Conditional Sentence in Sweden under

Section 3

Under Part Three, on Sanctions, and Chapter 27, on Conditional Sentence, the Section 3 reads as follows: A person who receives a conditional sentence shall be subject to a probationary period of two years. The probationary period begins on the day when the decision of the court on the sanction for the crime has acquired final legal force in respect of the sentenced person, whether by declaration of satisfaction with the decision or otherwise.

Conditional Sentence in Sweden under

Section 7

Under Part Three, on Sanctions, and Chapter 27, on Conditional Sentence, the Section 7 reads as follows: Chapter 34 contains provisions concerning the revocation of a conditional sentence and certain other measures when the offender is found to have committed another crime.

Conditional Sentence in Sweden under

Section 4

Under Part Three, on Sanctions, and Chapter 27, on Conditional Sentence, the Section 4 reads as follows: During the probationary period the offender shall lead an orderly life and seek to support himself to the best of his ability. If the conditional sentence has been combined with community service, the sentenced person shall carry out the community service in accordance with the plan of work that has been drawn up by the local prison and probation administration. (Law 1998:604)

Conditional Sentence in Sweden under

Section 6

Under Part Three, on Sanctions, and Chapter 27, on Conditional Sentence, the Section 6 reads as follows: If the offender does not comply with what is required of him by the conditional sentence, the court may, if the prosecutor proceeds in the matter before the expiry of the probationary period, and having regard to the circumstances; 1. decide that the offender be given a warning, 2. make a condition in accordance with Section 5 or change a condition previously issued, 3. revoke the conditional sentence and decide on another sanction for the crime. A measure described in point 1 or 2 above may not be taken after the expiry of the probationary period. If the conditional sentence is revoked, equitable consideration shall be given, in deciding on the sanction, to the fine which was imposed in accordance with Section 2 and Chapter 34, Section 5 together with what the sentenced person has under gone in consequence of the condition of community service. In this connection, imprisonment may be imposed for a shorter time than is prescribed for the crime. If the information referred to in Section 2a has been stated in the judgement, this shall be taken into consideration, if imprisonment is imposed, when deciding on the length of sentence. (Law 1998:604)

Conditional Sentence in Sweden under

Section 5

Under Part Three, on Sanctions, and Chapter 27, on Conditional Sentence, the Section 5 reads as follows: If the offender has been enjoined to make compensation for damage caused by his crime, he shall do what lies in his ability to meet this obligation. The court may direct that, during the probationary period, he shall, at times and in a manner stated in the sentence, seek to meet his obligation to pay damages in whole or in part. If the crime has occasioned damage to property and it is considered suitable for the promotion of the offender's adjustment to society, the court may direct that the offender, at the times and in the manner stated in the judgement, assist the injured party in such work as may help to repair or contain the damage, or which, having regard to the nature of the crime and the damage caused, may otherwise appear suitable. Such a condition may be only be made with the consent of the injured party. A condition made under the first or second paragraphs may be amended or cancelled following application by the prosecutor or offender. (Law 1987:761)

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