Restrictions on the application of the conditional suspension of a prison sentence and greater emphasis on the use of the so-called prison sentences (fine and restriction of liberty) resulted in the introduction of Art. 37a – it took place in 2015. A significant change to the content of this provision entered into force on June 24, 2020.
Until now, it was formulated in a relatively simple way – a fine or restriction of liberty could be imposed for an offense punishable by a penalty not exceeding 8 years of imprisonment. Currently, there are more requirements – first of all, the Court must impose a specific initial penalty and determine what penalty should be imposed in a given case. If it is less than a year, it may be replaced by restriction of liberty (not less than 3 months) or a fine (not less than 100 daily rates), but at the same time applying a criminal measure, compensation measure or forfeiture. Additionally, Art. 37a may not currently apply to persons operating in an organized group or association aimed at committing a crime or tax offense and perpetrators of terrorist offenses.
The current wording of Art. 37a of the Criminal Code is therefore as follows:
§ 1. If the crime is only punishable by imprisonment not exceeding 8 years, and the imprisonment imposed for it would not be more severe than one year, the court may instead of this penalty order a restriction of liberty not lower than 3 months or a fine not lower than 100 daily rates. if at the same time there is a measure of kama, compensation measure or forfeiture.
§ 2. The provision of § 1 shall not apply to perpetrators who commit a crime by acting in an organized group or association aimed at committing a crime or a fiscal offense and to perpetrators of terrorist offenses.
