Abstract:

The main issue of the present article is the institute of of conditional sentence, legal nature and the issue of its relation to punishment. It also analyzesproblematic aspects of legal grounds of imposition of conditional sentence. First of all, it should be mentioned that the institute of conditional sentence with its essence and functional purpose represents one of the visible legal mechanisms of criminal justice policy liberalization which implying the execution of sentence and achievement of punishment purposes by exerting influence on the convicted person with a relatively less debilitating effect. Accordingly, conditional sentence seems to be a deterrent to the actual execution of the sentence, which represents alternative legal means for execution of sentence and achievement of purpose of punishment.

Types of conditional sentence and legal grounds of its imposition are also discussed in the article. In the first place, cases are analysed concerning the necessity of existence of Plea Agreement at the time of usage of conditional sentence. In this aspect, the article discusses the issues of interdependence of I part and other parts of Article 63 of Criminal Code. It is very important to determine whether Plea Agreement is necessary legal ground for imposition of every kind of conditional sentence.

Thus, the present article defines legal nature of conditional sentence and characteristics of legal grounds for its imposition in the presence of the institution of plea agreement.

Keywords:

Sentence, Execution, Conditioned

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