Volume 133Issue 31A
Royal Gazette
7 April 2559
social service or work of public interest according to this section, and if the person to be fined consents, the court may give an order permitting him to perform a work of social service or work of public interest instead of paying the fine.”
Section7.The dispositions of section 56 of the Criminal Code, which have been amended by the Criminal Code Amendment Act (No 15), 2545 BE, shall be repealed and replaced by the following dispositions:
“Section56.When any person commits an offence punishable with imprisonment or a fine and, in the case thereof, the court will impose imprisonment for a term of not over five years, whether or not the fine will be imposed also, or will impose the fine, if it appears that such person—
(1)has never undergone imprisonment before;
(2)has undergone imprisonment before, but it was for an offence committed through negligence or a petty offence or it was for a term of not over six months; or
(3)has undergone imprisonment before, but he had been discharged therefrom for over five years before committing this offence, and this subsequent offence is one committed through negligence or a petty one;
and if the court has taken into account the age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment of such person, or the nature of his offence, or his remorse and attempt to mitigate the unfavourable outcome that has occurred, or other causes for which mercy should be given, the court may adjudge him guilty but suspend the designation of his punishment or may designate his punishment but suspend the imposition of the punishment, whether it be either or both of the imprisonment and the fine, in order to give him an opportunity to reform himself within the time period to be designated by the court but not over five years from the day the court gives the judgment, in respect of which the court may also designate conditions for supervision of his behaviour.
The court may, as proper for the case, designate one or several of the following clauses as the conditions for supervision of behaviour of the offender according to paragraph 1:
(1)he is required to occasionally report to the officer specified by the court, in order that the officer would conduct interrogation, offer advice, provide assistance, or give warning in regard to his behaviour and occupation as found appropriate, or would arrange for him to perform a work of social service or work of public interest;
(2)he is required to practise or perform an occupation on a regular basis;
(3)he is required to refrain from any association or behaviour which may lead to the commission of a similar offence again;
(4)he is required to receive treatment of addiction to a harmful narcotic, physical or mental impairment, or other illness at the place and for the time period designated by the court;
(5)he is required to receive training at the place and for the time period designated by the court;
(6)he is prohibited from leaving his residence or from entering any place during the time designated by the court, in regard to which an electrical device or any other device which can be used to check or limit travel may be applied also;