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What is penalty suspension?
If you have been irrevocably convicted, you may be eligible for criminal interruption (SOB) under certain conditions. The Minister of Justice and Security may grant sentence interruption due to such special circumstances in your personal life that no other form of leave can suffice. Among other things, punitive interruption can be granted for the care of a seriously ill life partner, child or parent or for attending the birth of the life partner. Punishment may further be granted, for example, for medical and therapeutic reasons, insofar as the institution doctor has confirmed that these reasons prevent the continuation of detention. During the penal interruption, the execution of the prison sentence is suspended. Thus, the time you have spent at liberty must be "served afterward. This is different with leave of absence. The punishment interruption lasts a minimum of two days and a maximum of ninety days.
Can you appeal the denial of your request for sentence suspension?
As an inmate, you have the right to request a sentence break. This request must be made to the prison director. If, as an inmate, you wish to request a sentence break, the prison director will send the necessary information to the Minister of Justice and Security. If the Minister denies your request for punishment interruption, you can immediately appeal to the RSJ. You can also file an appeal in the event that the already granted permission for criminal interruption is revoked. Our specialists can assist you in this appeal process and know how to significantly increase your chances of success.
What is the difference between incidental leave and punitive suspension?
Both occasional leave as a sentence break allows inmates to attend a personal event. Yet differences exist:
- Sentence interruption applies to convicted persons. Incidental leave, on the other hand, applies not only to convicts but also to those on remand.
- In principle, the occasional leave lasts one day, while the punitive break can last at most three months.
- In the case of criminal interruption, time spent at liberty must be "made up. In the case of occasional leave, this is not the case.
Why is it wise to hire an attorney to file a request for sentence suspension?
The law imposes legal requirements on both the notice of appeal and the notice of objection. For example, you will need to properly substantiate why you disagree with the Minister's decision. In addition, you must allow for a statutory time limit of seven days. If you do not agree with the rejection of your request for suspension of sentence, you would be wise to contact us soon. With years of experience, our attorneys know how to significantly increase your chances of success in such an appeal. Please feel free to contact on.
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