White paper on crime 2017 Part2/Chapter1/5
The amendment on the Penal Code (Act No.49 of 2013) and the Act on Suspension of Execution of Part of the Sentence Rendered to a Person Who Has Committed a Drug-related Crime (Act No. 50 of 2013) established a new format of executing the sentence of imprisonment. Both Acts went into effect on June 2016 and by the Penal Code amendment, a court may imprison an offender for 3 years or less but concurrently permits an early release and render a period of not less than 1 year but not more than 5 years to be the period of suspending the remainder of the sentenced term. Ordering the offender to probationary supervision during the suspended period is discretional. Application of this sentencing is limited to defendants who have not been sentenced to imprisonment before, who have been sentenced to imprisonment but execution of the sentence as a whole was suspended, or who have not been imprisoned for 5 years since the fulfillment of the previous imprisonment term. The court may choose to grant early release as suspension of a part of the execution if the imposition of such penalty is necessary and appropriate to prevent re-offending by considering the seriousness of the offense, circumstances of the offender and all other relevant factors. This suspension of a part of the execution of the imprisonment may be rendered to offenders who have previously been imprisoned within 5 years if the current offense to sentence is on drug use or other related offense and for all circumstances in consideration, continued treatment to address a substance dependency problem of the offender under community supervision after a certain period of institutional treatment is deemed necessary and appropriate. In this case, placing the offender under probationary supervision during the suspended period is mandatory.