Article 73: Conditional conviction

1. If, by appointing correctional work, restriction in military service, detention in a disciplinary military unit or up to eight years ' imprisonment, the court finds that it is possible to correct He decides that the sentence imposed shall be suspended and shall not be imposed on: (a) persons convicted of crimes against sex. Persons convicted of offences under article 205.1, paragraph 1, of article 205.2, paragraph 2, of article 205.4, paragraph 2, in part article 206, part four, article 210, article 210.1, part two, article 281.3, article 360, of the present Code; (b) in the case of a serious or particularly serious offence committed during the period of and the period of probation for the commission of a premeditated crime or for the remainder of the sentence imposed for the commission of the intentional offence, on condition that: 2. When imposing a conditional sentence, the court shall take into account the nature and degree of public danger of the crime committed, the individual 3. When imposing a suspended sentence, the court shall establish a trial period during which the person sentenced shall be held to be on his or her own account. If a term of imprisonment of up to one year or less is imposed, the probation period shall be not less than six months and not more than three years, and if the sentence is less than one year, the sentence shall not be less than three years. In the case of imprisonment for a term exceeding one year, not less than six months and not more than five years, the period of probation shall be calculated from the date on which the sentence becomes enforceable. 3.1 In the event of the imposition of a sentence of detention in a disciplinary military unit, the probation period shall be fixed. 4. In the event of a conditional conviction, additional penalties may also be imposed. imposes certain duties on the suspended prisoner, taking into account his or her age, ability to work and state of health: not to change his or her place of residence, work or studies without notice. Specialized public authority responsible for monitoring the behaviour of the sentenced person, not to visit certain places, receive treatment for alcoholism, drug addiction and substance abuse and or sexually transmitted disease, to work (employment) or to continue to study in a general educational organization. 6. Monitoring of the behaviour of a suspended prisoner is carried out by an authorized specialized State body and, in the case of military personnel, by a command authority. 7. During the trial period, the court may, at the request of the body supervising the behaviour of the sentenced person, revoke, in whole or in part, or For the purposes of this article, as well as articles 79.80.82 and 97 of this Code, to deal with crimes against sexual integrity. Articles 131 to 135,240, 241, 242,242.1 and 242.2 of the present Code include offences committed against a minor The Committee recommends that the State party take all necessary measures to ensure that the State party’s implementation of the Convention is carried out in a manner consistent with its obligations under the Covenant.