Dragana Spasić *
МОDERN FORMS OF SUSPENDED SENTENCE IN COMPARATIVE CRIMINAL LEGISLATION
Summary
Suspended sentence is the most commonly applied sanction in practice of our courts and it exists today in almost all contemporary criminal legislation, either as a criminal sanction sui generis or as a suspension of a prison sentence. Due to its dinamic nature, the institute of suspended sentence has different forms in foreign jurisdictions, but at the same time it remains within the limits of the ideas on which it is based. In this paper the author has analyzed the criminal legislation of the suspended sentence in the Anglo-Saxon and Continental legal system. Suspended sentence in Anglo-Saxon legal system has been perceived through the criminal law of England and Wales, while the Continental model of suspended sentence has been presented through legislative solutions of France, the Czech Republic, Germany and Spain. The analysis of legislative solutions shows that even though there are differences in the regulation of this institute with regard to the duration of the imprisonment sentence which can be replaced by a suspended sentence or type of punishment whose execution can be suspended as well as some other regulations, there is no strict division between two systems of suspended sentence. Many countries have modified them and created a new, mixed system of suspended sentence, which contains the characteristics of both systems.
Key words: suspended sentence, suspended sentence supervision order, probation, sanction, conditional discharge, deferment of sentence.