GENERAL PART
CHAPTER V
GROUNDS FOR EXEMPTION FROM CRIMINAL RESPONSIBILITY

Active Repentance

Section 29
(1) Any person who has committed any misdemeanor offense against life, physical integrity or health, against personal freedom, against human dignity and fundamental rights, any traffic offense, offenses against property or against intellectual property rights, or any crime punishable by imprisonment not exceeding three years, shall not be prosecuted if he has admitted his guilt before being indicted, and has provided restitution by way of the means and to the extent accepted by the injured party within the framework of a meditation process, or previously if approved in the meditation process. This provision shall also apply in connection with multiple counts of offenses, where the criminal offense against life, physical integrity or health, against personal freedom, against human dignity and fundamental rights, traffic offense, offense against property or against intellectual property rights is considered decisive.
(2) The penalty may be reduced without limitation if the perpetrator has admitted his guilt of having committed either of the crimes specified in Subsection (1), punishable by imprisonment not exceeding five years, before being indicted, and has provided restitution by way of the means and to the extent accepted by the injured party within the framework of a meditation process, or previously if approved in the meditation process. This provision shall also apply in connection with multiple counts of offenses, where the criminal offense against life, physical integrity or health, against personal freedom, against human dignity and fundamental rights, traffic offense, offense against property or against intellectual property rights is considered decisive.

GENERAL PART
CHAPTER VII
PENALTIES

Section 33
(4) If the criminal offense committed carries a maximum sentence of three years of imprisonment, the term of imprisonment may be substituted by custodial arrest, community service work, fine, prohibition to exercise professional activity, driving ban, prohibition from residing in a particular area, ban from visiting sport events or expulsion, or by any combination of these.
(5) If the criminal offense committed carries a penalty of custodial arrest, this penalty may be substituted or combined with, community service work, fine, prohibition to exercise professional activity, driving ban, prohibition to exercise professional activity, ban from visiting sport events or expulsion, or by any combination of these.

GENERAL PART
CHAPTER IX
SENTENCING

Commutation of Sentences

Section 82
(1) A punishment less severe than the punishment applicable may be imposed, if the minimum sentence is deemed too harsh based on the principles of sentencing.
(2) Within the meaning of Subsection (1), if the minimum sentence to be imposed for a criminal act is:
a) ten years of imprisonment, it may be reduced to a minimum of five years of imprisonment;
b) five years of imprisonment, it may be reduced to a minimum of two years of imprisonment;
c) two years of imprisonment, it may reduced to a minimum of one year of imprisonment;
d) one year of imprisonment, it may reduced to a lesser term of imprisonment.
(3) In the case provided for in Paragraph d) of Subsection (2), imprisonment may be substituted by custodial arrest, community service work or fine, and these penalties may be imposed concurrently as well.
(4) In respect of attempt or aiding and abetting, if the sentence to be imposed under Subsection
(2) remains excessive, the next sentencing category of Subsection (2) shall be applied.
(5) If this Act allows

GENERAL PART
CHAPTER IX
SENTENCING

Suspension of the Execution of Imprisonment

Section 85
(1) The execution of a term of imprisonment of two years or less may be suspended conditionally, if there is reason to believe - particularly in view of the personal circumstances of the perpetrator - that the aim of the punishment may also be attained this way.
(2) Unless otherwise provided for in this Act, the period of probation shall be between one to five years, however, it may not be less than the term of imprisonment imposed. The period of probation shall be defined in years, or in years and months.

Section 86
(1) Execution of a sentence of imprisonment may not be suspended if the perpetrator: a) is a repeat offender;
b) committed the crime in the framework of a criminal organization, or
c) committed a criminal offense intentionally before he has finished serving his sentence, or
during the probation period of a conditional sentence.
(2) If a perpetrator is incarcerated on account of which the suspended sentence of imprisonment cannot be carried out, the period of probation shall be extended by the duration of the imprisonment.
(3) The provision contained in Subsection (2) shall also apply where community service work and fine is substituted by imprisonment.
(4) In the application of Subsections (2) and (3), the period of probation may exceed five years.
(5) Where the perpetrator has been sentenced several times to a prison term suspended for a period of probation, and the period of probation of these terms have not yet lapsed, all such periods shall apply concurrently.
(6) Simultaneously with the suspension of carrying out a sentence of imprisonment the perpetrator may be placed under the supervision of a probation officer. If the perpetrator is a recidivist he must be placed under probation with supervision.