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5. Suspended sentence etc. (1) Suspended sentence Over the last10years,suspended execution rate for imprisonment with labor has remained stable over60%,and that rate for imprisonment without labor has basically remained within the range of90%to95%(see Table 2-3-2-1 )..
Suspended sentence includes two types,the first time suspension and second time suspension.When giving the first suspension,courts may place the offender under probationary supervision.In the case of the second suspension,however,probationary supervision is mandatory.In2003,56,537offenders were given suspended sentence,56,132of which were for the first time and405for the second time.Of those offenders given the first suspended sentence,4,947were 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 sentences were revoked over the last five years,by reason for revocation.
In2003,those offenders whose suspended sentence were revoked have increased by449from the previous year to7,290,and an overwhelming majority of them,6,778offenders,were revoked on the reason that they committed repeat offenses 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(1999-2003) Persons who were granted suspension of execution of sentence in a given year and those whose suspended sentences were revoked that year are of different target groups,and rate of the latter to the former cannot be called a revocation rate in a strict sense.However,if it is calculated for the purpose of ascertaining rough trend of revocation of suspended sentence,in2003,that rate for overall suspended sentences was12.9%and the revocation rate due to repeat offenses for those under supervision was28.2%.By type of offense(limited to those for which more than100offenders were granted suspension of execution of sentences),the revocation rate of overall suspended sentences was high for Stimulant Drug Control Law violations with27.4%and for theft with22.0%,while the revocation rate due to repeat offenses for those under probationary supervision was the highest for Stimulant Drug Control Law violations with47.9%,followed by extortion with36.8%and theft with31.6%(Source:Annual Re port of Statistics on Prosecution).In calculating the number of offenders whose suspended sentence was revoked,an offender whose two or more suspended sentences were revoked at the same time is counted only once.Also,in the rate of revocation due to repeat offenses for those under supervision,the calculation only includes those whose suspended sentence was revoked due to being newly sentenced to imprisonment without labor or heavier punishment,excluding those whose suspended sentence was revoked due to fine. |