Previous Next Index   Image Index Year Selection | |
|
5 Suspended sentence etc. (1) Suspended sentence Over the last 10 years, the suspended execution rate for defendants sentenced to imprisonment with labor has remained around 60%, and the rate for those sentenced to imprisonment without labor has basically remained within the range of 90% or over but below 95% (see Table 2-3-2-1 ), showing no large fluctuations.
Suspended sentence includes the first suspended sentence and repeated suspended sentence. When giving the first suspended sentence, courts may place offenders under probationary supervision. In the case of giving repeated suspended sentence to those offenders who have committed a further offense, however, probationary supervision is mandatory. In 2002, 52,534 offenders were given suspended sentence, 52,071 of which were given first suspended sentence and 463 repeated one. Of those offenders given first suspended sentence, 4,965 were placed under probationary supervision at the discretion of courts (Source: Annual Report of Statistics on Prosecution). (2) Revocation of suspended sentence Table 2-3-3-4 shows the number of offenders whose suspended sentence was revoked over the last 5 years, by reason for revocation.
In 2002, the number of offenders whose suspended sentence were revoked increased by 300 from the previous year to 6,841, and an overwhelming majority of them, 6,391 offenders, were revoked on the reason that they committed a repeat offense and were sentenced to imprisonment without labor or heavier punishment. Table 2-3-3-4 Number of offenders whose suspended sentence were revoked, by reason for revocation (1998-2002) The number of offenders who were given suspended sentence in a given year and the number of offenders whose suspended sentences were revoked that year target different groups of offenders, and therefore the rate of the latter number to the former cannot be called the revocation rate. However, if calculated for the purpose of ascertaining general trends of revocation of suspended sentence, the revocation rate was 13.0% and that rate of those who had received suspended sentence with probationary supervision was 29.5%. By type of offense (limited to those for which both the number of offenders given suspended sentence and the number of offenders given suspended sentence with probationary supervision were at least 100), the revocation rate was high for Stimulant Drug Control Law violations with 26.4%, followed by larceny with 20.5%, while the revocation rate of those who had received suspended sentence with probationary supervision was high for Stimulant Drug Control Law violations with 46.3%, followed by larceny with 34.2% (Source: Annual Report of Statistics on Prosecution).In calculating the number of offenders whose suspended sentence was revoked, an offender whose suspended sentences of 2 or more punishments were revoked in a single trial at the same time is counted only once. In the revocation rate of those who had received suspended sentence with probationary supervision, the calculation only includes those offenders whose suspended sentence was revoked due to being sentenced to imprisonment without labor or heavier punishment, excluding those offenders whose suspended sentence was revoked due to fine. |