The extraordinary suspension of the sentence

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Article 80.5 of the Criminal Code states: "The judge or court may order the suspension of the execution of prison sentences of no more than five years for convicts who have committed the criminal act due to their dependency ) provided that it is sufficiently certified, by a duly accredited or approved public or private center or service, that the convicted person is detoxified or undergoing treatment for this purpose at the time of deciding on the suspension."

That is to say, there are three requirements that are required for the Judge to employment database be able to agree to the suspension of the custodial sentence :

That the sentence does not exceed five years
That the criminal act had been committed as a consequence of dependence
That it is sufficiently certified that the convicted person is detoxified or undergoing detoxification treatment
The suspension of the execution of the sentence will be conditional on the convicted person not abandoning the rehabilitation treatment until its completion, without abandonment being understood as relapses in the treatment. Failure to comply with the rehabilitation treatment is grounds for revocation if it is abandoned before its completion.



In fact, the Supreme Court itself has declared that drug addicts should go to detoxification centres and not to prison. The High Court assumes that drug addicts are sick and establishes that crimes committed by drug addicts should be treated with security measures (confinement in a rehabilitation centre) that lead to their social reintegration.


Therefore, if a person enters a detoxification centre or is undergoing treatment for their addiction, it can not only act as an attenuating circumstance for the sentence, but the sentence imposed can also be suspended in an extraordinary manner.