|
Although Article 62 (1) of the Criminal Code provides that the execution of a "sentence" may be suspended, Paragraph 2 of the same Article provides that the execution of a "part" of the sentence may be suspended only where sentences are "imposed concurrently." In view of the foregoing, Article 62 (1) should be interpreted, in accordance with the principle of systematic interpretation of provisions, as a provision that is related to the suspension of the execution of the entirety of a single sentence. In addition, with regard to a suspension of execution of a portion of a sentence to a term of imprisonment, since it would be necessary to specify through legislation the time, procedure and method used for the execution of that portion of the sentence which is not suspended, as well as the conditions for, and the effect of, the portion suspended, there would need to be separate applicable provisions regarding the above factors in order to properly recognize the proposed suspension. Thus, a sentence to a term of imprisonment may not be partially imposed in fact, while probation is imposed on the remainder.
|
