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Structural division: BOOK II › CHAPTER I › Sub-section I
Article 194 — Disallowance and Withdrawal of Suspension.
Revised Criminal Code (English)
Article text
(1) Suspension of the enforcement of a penalty shall not be allowed:
(a) where the criminal has previously already undergone a sentence of rigorous imprisonment or a sentence of simple imprisonment for a term exceeding three years and where he is sentenced again to one of these penalties for the crime for which he is tried, without prejudice to the provisions regarding recidivism (Arts. 67 and 188).
(b) where the criminal, having not been sentenced previously, is sentenced to a term of rigorous imprisonment exceeding five years for the crime for which he is now tried.
(2) Similarly the Court may revoke the suspension granted:
(a) where, after having been granted a suspension of penalty, it is discovered that the criminal had committed a crime and where the nature and extent of the penalty, that would be imposed for the crime, satisfy the requirement under sub-article (1)(a) above; or
(b) where the criminal, having been granted suspension of penalty, intentionally commits a fresh crime during the period of probation Article 200 (2); or
(c) where the Court is of the opinion that the conditional suspension in the previous case will not produce good results.
Article 6
Exception: Application of the More Favourable Law.