Suspension Of Sentencing

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 The issue of determining suspension of sentence is raised only in cases where the Guideline’s assessment on types of offenses and sentencing periods reveal a sentence of ‘less than three years of imprisonment (with or without prison labor).’ The sentencing judge first determines the consideration factors for suspension of sentence. Then, by assessing the applicable principles set forth in the guideline, the sentencing judge determines whether the suspension of sentence or the imprisonment is recommended. If neither is recommended under this guideline, then the sentencing judge has the discretion to determine whether a suspension of sentence will be proper by comparing and assessing the totality of the consideration factors.

 The Guideline permits the sentencing judge to depart from the Guideline’s recommended sentence for cases where consideration factors not listed in the guideline exists. The sentencing judge may make such decision after applying the principles set forth in the guideline and after determining that the Guideline’s recommendation to impose suspension of sentence or imprisonment is deemed inappropriate for the case at issue.

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