Conviction Article 424

In a judgment pronouncing the defendant guilty, the court will state:

the offence of which the defendant is being pronounced guilty, specifying the facts and circumstances which represents the elements of a criminal offence, as well as those on which depends the application of a certain provision of criminal law;

the legal designation of the criminal offence and which provisions of criminal law were applied;

the penalty imposed on the defendant, or a release from punishment under the provisions of criminal law;

a decision on a suspended sentence, or revocation of a suspended sentence or release on probation;

a decision on a security measure, on forfeiture of proceeds from crime or forfeiture of assets derived from a criminal offence;

a decision on the restitution claim;

a decision on calculating time served into the penalty;

a decision on the costs of the criminal proceedings.

If the defendant has been sentenced to a prison sentence of up to one year, the judgment may specify that the prison sentence will be executed in the premises in which the defendant lives, with or without applying electronic surveillance.

If the defendant has been sentenced to pay a fine, it will be specified in the judgment if the fine was calculated and pronounced in daily amounts or in a specific amount, and the time limit for paying the fine, as well as the manner or substituting this penalty by a custodial penalty or community service in case the defendant does not pay the fine within the specified time period.

If the defendant has been sentenced to community service, the judgment shall specify the type and duration of the community service and the manner of substituting it by a custodial penalty in case the defendant does not perform the community service in full or in part.

If the defendant has been sentenced to a penalty of seizure of his driver’s licence, the judgment shall specify the duration of the penalty and the manner of its substitution by a custodial penalty in case the defendant operates a motor vehicle during the term of the penalty of seizure of his driver’s licence.

If the defendant has been sentenced to suspended sentence with protective supervision , the judgment shall specify the content, duration and consequences of failing to fulfil the obligation of protective supervision.