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Volume 133, Issue 31A
Page 3
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 issue an order permitting him to perform a work of social service or work of public interest instead of paying the fine."

Section7.The stipulations of section 56 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 15), 2545 BE, shall be repealed and replaced by the following stipulations:

"Section56.When any person committed an offence carrying imprisonment or a fine and, in the case thereof, the court will impose imprisonment of not over five years, whether or not the fine will be imposed also, or will impose the fine, if it appears that he—

(1)has never been imprisoned before;

(2)has been imprisoned before, but the punishment was for a negligent offence or petty offence or the imprisonment was for a term of not over six months; or

(3)has been imprisoned before, but he had been discharged from the imprisonment for more than five years before committing this offence, and this subsequent offence is a negligent offence or petty offence;

and if the court has taken into account the age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment of that 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 suspends the designation of his punishment or may designate his punishment but suspends 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 a period of time to be designated by the court but not over five years counted from the day the court issues 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 himself to an officer as 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 a place and for a period of time as designated by the court;

(5)he is required to receive training at a place and for a period of time 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;