TCK Article 51: A prison sentence of up to 2 years may be postponed if the defendant has not previously been sentenced to more than 3 months of imprisonment for an intentional crime and the court is of the opinion that he will not commit a crime in the future.
Conditions for Deferment
- The sentenced sentence is 2 years or less imprisonment
- Previously 3 years imprisonment Not having a deliberate crime conviction for more than a month
- The court's opinion that the defendant will not commit a crime in the future
- Compensation of the damage to the victim or the public (partially or completely)
Postponement Period
The postponement period is between 1-3 years. During this period:
- No deliberate crime should be committed again
- The obligations imposed by the judge must be complied with
Obligations (Supervision Period)
- Reporting to a certain institution
- Continuing the training/internship program
- Not going to certain places
- Probation directorate supervision
Delay of Postponement
If a new crime is committed or obligations are not complied with within the period, the postponement is lifted; The sentence is executed as is.
Court of Appeals CGK
CGK adopts that for the implementation of the postponement, the factors "social situation of the defendant, post-crime behavior, compensation for the victim's damage" should be evaluated together.
Criminal defense is recommended.