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(1) The court shall supervise the conduct of the convicted person during the
probation period, in particular compliance with conditions and directions, as well as
with offers made and assurances given.
(2) The supervision shall be the responsibility of the court competent to give the
decisions pursuant to section 453.
Section 453c
Provisional measures prior to revocation of suspension
(1) If there are sufficient reasons to believe that the suspension will be revoked, the
court may, until the revocation order enters into force, take provisional measures to
ensure that the convicted
person will not abscond and, if necessary, issue a warrant
of arrest under the conditions of section 112 (2) no. 1 or no. 2
or if certain facts
substantiate the risk that the convicted person will commit offences of substantial
significance.
(2) Detention served on the basis of a warrant of arrest pursuant to subsection (1)
shall be credited against a sentence of imprisonment to be enforced. Section 33 (4)
sentence 1, sections 114 to 115a, sections 119 and 119a shall apply accordingly.
Section 454
Suspension of remainder of sentence of imprisonment on probation
(1) The decision on suspending enforcement of the
remainder of a sentence of
imprisonment on probation (sections 57 to 58 of the Criminal Code) and the decision
that prior to expiry of a certain time limit an application
by the convicted person to
this effect shall be inadmissible shall be given by the court without an oral hearing in
an order. The public prosecution office, the convicted person and the penal
institution shall be heard. The convicted person shall be heard orally. The oral
hearing of the convicted person may be dispensed with if
1.
the public prosecution office and the penal institution support suspension of
a determinate sentence of imprisonment and the court proposes suspension,
2.
the convicted person has applied for suspension and, at the time of the
application, has served
a) less than half or less than two months of a determinate sentence of
imprisonment,
b) less than 13 years of a sentence
of imprisonment for life
and the court refuses the application because it has been submitted prematurely
or
3.
the convicted person’s application is inadmissible (section 57 (7), section
57a (4) of the Criminal Code).
The court shall at the same time decide whether crediting pursuant to section 43
(10) no. 3 of the Prison Act shall be ruled out.
(2) The court shall obtain the opinion of an expert concerning the convicted person if
it is considering suspending enforcement of the remainder of
1.
a sentence of imprisonment for life or
2.
a determinate sentence of imprisonment of more than two
years for an
offence of the type referred to in section 66 (3) sentence 1 of the Criminal
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Code and it cannot be ruled out that reasons of public safety might preclude
the convicted person’s early release.
The opinion shall, in particular, express a view as
to whether a risk that the
convicted person still poses the danger which is apparent from his offence no longer
exists. The expert shall be heard orally. The public prosecution office, the convicted
person, his defence counsel and the penal institution shall be given the opportunity
to participate in the hearing. The court may dispense with
the oral hearing of the
expert if the convicted person, his defence counsel and the public prosecution office
waive such a hearing.
(3) An immediate complaint shall be admissible against the decisions pursuant to
subsection (1). A complaint lodged by the public prosecution office against the
decision ordering suspension of the remainder of the sentence shall have
suspensive effect.
(4) In all other respects, section 246a (2), section 268a (3), section 268d, section
453, section 453a (1) and (3), and sections 453b and 453c shall apply accordingly.
Instruction on suspension of the remainder of the sentence shall be given orally; the
duty to give such instruction may also be delegated to the penal institution. The
instruction shall be given immediately prior to release.
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