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Suspended sentences (執行猶予, shikkō yūyo) are common practice in Japan and can be applied in cases where a sentence is for up to three years in prison and/or 500,000 yen in fines. Any criminal activity during the period of the suspended sentence will result in the cancellation of the sentence and imprisonment for the prescribed term. [11]
This sentence was implemented by the Crime and Disorder Act 1998. [53] for offenders aged 12 to 17 years (inclusive) who are persistent offenders or commit serious offences. The sentences will be between four months and two years, with part of the sentence being served in custody and part half under supervision the community.
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences. [1]
The sentence emphasizes the severity of the crime and the mercy of the court, and comes from traditional Chinese jurisprudence. [3] According to researchers, the post-2007 death penalty reforms resulted in a larger proportion of death sentences becoming suspended. [ 4 ]
In some circumstances, the court may waive the victim surcharge where the court orders compensation as part of the sentence. Additionally, the surcharge is not payable where the court is dealing with breach of a community order or breach of a suspended sentence or breach of a conditional discharge. The surcharge was first introduced in 2007.
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A suspended sentence is not considered a final sentence, since an accused who is convicted of breaching the conditions of the probation order may in addition to being sentenced for the offence of breach of probation, may also have the suspended sentence revoked. Once a suspended sentence is revoked, the court which originally sentenced the ...
Suspended sentence; T. Three-strikes law; Time served; Totality principle; Truth in sentencing; V. Victim surcharge This page was last edited on 3 April 2018, at ...