УСЛОВНА ОСУДА У ФРАНЦУСКОМ КРИВИЧНОМ ПРАВУ
THE SUSPENDED SENTENCE IN FRENCH CRIMINAL LAW

Summary/Abstract: From the ancient times until today, criminal law has provided different criminal sanctions as measures of social control. These coercive measures are imposed on the criminal offender by the competent court and aimed at limitting the offender’s rights and freedoms or depriving the offender of certain rights and freedoms. These sanctions are applied to the natural or legal persons who violate the norms of the legal order and injure or endanger other legal goods that enjoy legal protection. In order to efffectively protect social values, criminal legislations in all countries predict a number of criminal sanctions. These are : 1) imprisonment, 2) precautions, 3) safety measures, 4) penalties for juveniles, and 5) sanctions for legal persons. Apart and instead of punishment, warning measures have a significant role in the jurisprudence. Since they emerged in the early 20th century in the system of criminal sanctions, there has been an increase in their application to criminal offenders, especially when it comes to first-time offenders who committed a negligent or accidental criminal act. Warnings are applied in case of crimes that do not have serious consequences, and whose perpetrators are not hardened and incorrigible criminals. All contemporary criminal legislations (including the French legilation) provide a warning measure of suspended sentence. Suspended sentence is a conditional stay of execution of sentence of imprisonment for a specified time, provided that the convicted person does not commit another criminal offense and fulfills other obligations. This sanction applies if the following two conditions are fulfilled: a) formal -which is attached to the sentence of imprisonment; and b) material -which is the court assessment that the application of this sanction is justified and necessary in a particular case. In many modern criminal legislations, there are two different types of suspended (conditional) sentence: 1) ordinary (classical) suspended sentence, and 2) a suspended sentence with supervision. If the convicted person fails to comply with a court order, the law provides for the madatory or optional revocation of the suspended sentence.

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