มาตรา 56Section 56

Section 56 Whoever commits an offence punishable by imprisonment or fine, where the court would impose imprisonment of not more than five years (whether or not a fine is also imposed) or would impose a fine, if it appears that the person:

(1) has never previously been imprisoned; or

(2) has previously been imprisoned, but only for an offence committed negligently or a petty offence, or for imprisonment of not more than six months; or

(3) has previously been imprisoned but was released more than five years before committing the later offence, the later offence being one committed negligently or a petty offence;

then, when the court has had regard to the age, record, conduct, intelligence, education and training, health, mental state, habits, occupation, and environment of the person, or to the nature of the offence, or to remorse and efforts to mitigate the harm caused, or to other grounds deserving of mercy, the court may find the person guilty but defer the fixing of the punishment, or fix the punishment but suspend it — whether imprisonment or fine or both — so as to give an opportunity for reform within a period the court fixes, not exceeding five years from the day of the judgment; and the court may or may not fix conditions to supervise the person's conduct.

The conditions to supervise the offender's conduct under paragraph one may be fixed by the court in one or several items, as suited to the case, as follows:

(1) to report to the official the court designates from time to time, so that the official may inquire, advise, assist, or warn as it sees fit regarding conduct and occupation, or arrange community service or public-benefit activities;

(2) to train in or carry on a regular occupation;

(3) to refrain from association or any conduct that might lead to committing a like offence again;

(4) to undergo treatment for narcotic addiction, physical or mental defect, or other illness, at the place and for the period the court fixes;

(5) to undergo training at the place and for the period the court fixes;

(6) to be prohibited from leaving his residence, or from entering any place, during the period the court fixes, and an electronic device or other device able to monitor or restrict travel may be used;

(7) to pay compensation or otherwise remedy the harm to the injured person as the offender and the injured person agree;

(8) to repair, rehabilitate, or remedy the harm caused to natural resources or the environment, or to pay compensation for such purpose;

(9) to give a recognizance, in a sum the court sees fit, that he will not commit a harmful act or cause danger to another person or property;

(10) other conditions the court sees fit to fix, to correct, rehabilitate, or prevent the offender from committing or having the chance to commit an offence again, or conditions for remedying the injured person as it sees fit.

As to the conditions fixed under paragraph two, if it later appears to the court, on the application of the offender, his legal representative, his guardian, the public prosecutor, or an official, that the circumstances relating to the supervision of the offender's conduct have changed, the court may, when it sees fit, amend, add to, or revoke any item, or add any item under paragraph two not yet fixed; and if there is a breach of the recognizance, Section 47 shall apply mutatis mutandis.