Stay of execution after court’s judgment?
I have filed a complaint against one of my colleagues and the police transferred the case to the public prosecution and then to the court. I have attended some hearings of the case when the police requested to give a statement. The court has pronounced the judgment and the colleague was punished for the offence. At the same time, the court has suspended the punishment against him. Now he is free from all punishments and was released from custody. What is this procedure? How the punishment gets stopped?
1 Answer
According to Article 79 of the penal laws, upon issuing a judgment of a fine or imprisonment for a period of no more than one year, a judge may order a stay of execution if considering the accused’s conduct, past circumstances of offence or age there is reason to believe that he shall not commit another offence. The judgment shall show the reason for the stay of execution. A judge shall make a stay of execution inclusive of any secondary punishment, except confiscation. The stay of execution shall be for a period of three years from the date on which the judgment becomes final.
However, a judgment may be passed for revoking a stay of execution if the convicted person commits during the period of probation a deliberate offence, he shall be sentenced to a penalty involving deprivation of liberty for more than three months, whether the conviction judgment has been passed during this period or thereafter, provided that the action has been brought during such a period. by gulf times
