fixed by law for the crime in question, or to assign a different and less severe form of punishment, it may so mitigate the punishment. In this case it is mandatory to set forth the reasons therefor.
Article 44. Conditional conviction.
If, when assigning punishment in the form of a deprivation of freedom or corrective labor, the court, having taken into account the circumstances of the case and the character of the convicted person, is convinced that it is not desirable for the convicted person to serve the sentence assigned, it may make a ruling as to the conditional non-application to the convicted person of the punishment in question, mandatorily setting forth in the sentence the reasons for the conditional conviction. In this case the court rules that the sentence shall not be executed, provided that during the probationary period fixed by the court the convicted person doss not commit a new crime of a similar nature, or a not less serious crime.
A probationary period of from one to five years is fixed by the court.
In the event of a conditional conviction no extra penalties may be assigned, with the exception of a fine.
Taking into account the circumstances of the case, the character of the convicted person, and petitions filed by social organizations or by the collective of workers, employees, or kolkhoz farmers at the place of employment of the convicted person, the court may make such organizations or such a collective responsible for the reeducation and reformation of the convicted person.
If the court decides upon conditional conviction in the absence of the above-mentioned petitions, it may impose upon a particular collective of workers, or a person, with their permission, the responsibility for surveillance of the conditionally convicted person, and for doing education work with him.
At the request of the social organization or workers’ collective charged with surveillance of the conditionally convicted person, the court may reduce the probationary period fixed by the sentence. The question of reducing the probationary period shall not be raised until after the expiration of at least one-half of such period.
The court and the higher prosecutor are responsible for keeping account of conditionally convicted persons and for exercising general control over their behavior.
