Key features of suspended prison sentences and some associated problems

This chapter argues that while the original conception of suspended prison sentences was coherent and just, subsequent legislative changes have negatively impacted their functioning. Originally designed for exceptional use with short sentences, their broadened parameters, increased frequency, and the addition of new measures without corresponding principled adjustments have led to unprincipled sentencing. The chapter discusses issues arising from factors governing imposition, sentence length determination, accompanying conditions, and revocation. It highlights how these changes, particularly in post-communist European countries, have resulted in disproportionate sentences and unintended consequences, advocating for a holistic re-evaluation to ensure fairness and proportionality.