TCK Article 50 regulates that a prison sentence of less than 1 year can be converted into optional sanctions. The judge uses his discretionary power.
Optional Sanctions
- Judicial fine
- Compensation for the damage suffered by the victim or the public
- Prohibition from going/not going to certain places
- Prohibition from practicing a profession/art
- Withdrawal of driving/hunting licenses to be taken
- Employment in a public useful job (2 hours per day)
Conversion Conditions
- Less than 30 days imprisonment: mandatory commutation
- Less than 1 year imprisonment: judge uses discretion
- Not having been sentenced to prison before for intentional crimes (personalization)
Conversion Violation
If the obligations of the optional sanction are not complied with, the penalty is executed as is.
The Supreme Court CGK
CGK adopts that the defendant's "social-economic situation, conditions affecting the crime, post-crime attitude" should be evaluated in order to apply the optional sanction.
Penalty Defense counsel is recommended.