56: รอการลงโทษและคุมความประพฤติ

คำแปลภาษาอังกฤษ

Whoever commits an offence punishable by imprisonment or by fine, and in that case the court is to impose imprisonment not exceeding five years, whether or not a fine is also imposed, or is to impose a fine, if it appears that that person:
(1) has never previously received a punishment of imprisonment;
(2) has previously received a punishment of imprisonment, but it was a punishment for an offence committed negligently, or for a petty offence, or was imprisonment not exceeding six months; or
(3) has previously received a punishment of imprisonment but was released from it more than five years before committing the further offence, the later offence being one committed negligently or a petty offence,
and when the court has taken into account the age, personal history, conduct, intelligence, education and training, health, mental condition, disposition, occupation, and environment of that person, or the nature of the offence, or that person's sense of remorse and efforts to mitigate the harm caused, or any other extenuating circumstance, the court may adjudge that the person is guilty but suspend the determination of the punishment, or determine the punishment but suspend its execution, whether the punishment be imprisonment or a fine or both, so as to give that person an opportunity to reform within such period as the court fixes, which must not exceed five years from the day of the judgment; and the court may or may not fix conditions for controlling that person's conduct.
The conditions for controlling the conduct of an offender under paragraph one may be fixed by the court, one or several as may be appropriate to the case, as follows:
(1) to report in person from time to time to the official designated by the court, so that the official may question, advise, assist, or admonish the offender as it thinks fit as to conduct and occupation, or to arrange for the offender to perform social service or public benefit activities;
(2) to train for or to carry on a regular lawful occupation;
(3) to refrain from association, or from any conduct, that might lead to the commission of a similar offence again;
(4) to undergo treatment for narcotic addiction, for physical or mental deficiency, or for any other illness, at the place and for the period fixed by the court;
(5) to undergo training at the place and for the period fixed by the court;
(6) to be prohibited from leaving the place of residence, or from entering any place, during the times fixed by the court, and for this purpose an electronic device or any other device capable of monitoring or restricting travel may be used;
(7) to pay compensation, or otherwise to remedy the damage, to the injured person as agreed between the offender and the injured person;
(8) to repair, restore, or remedy damage caused to natural resources or to the environment, or to pay compensation for that purpose;
(9) to enter into a bond in such sum as the court thinks fit that the offender will not commit an act of mischief or cause danger to another person or to property;
(10) any other condition that the court thinks fit to fix in order to correct or rehabilitate the offender, or to prevent the offender from committing or having the opportunity to commit an offence again, or any condition for remedying the injured person as the court thinks fit.
As to the conditions fixed by the court under paragraph two, if it later appears to the court, on the application of the offender, of the offender's legal representative, of the offender's curator, of the public prosecutor, or of an official, that the circumstances relating to the control of the offender's conduct have changed, the court may, if it thinks fit, amend, add to, or revoke any of them, or may additionally fix any condition mentioned in paragraph two that it has not already fixed. If there is a breach of a bond, the provisions of Section 47 shall apply mutatis mutandis.

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