Article 64. Cancellation of a Suspended Sentence or the Prolongation of a Probation Period

1. If, prior to the expiration of probation period, a convict with a suspended sentence proved his correction by his behaviour, then a court, pursuant to a proposal from the body carrying out supervision of his behaviour, may render a decision on the cancellation of a suspended sentence and on the removal of conviction from a given convict. In this respect, a suspended sentence may be canceled upon the expiration of not less than half of the established probation period.

2. If a convict with a suspended sentence committed a violation of public order for which an administrative punishment was imposed upon him, then a court, pursuant to a proposal from the body indicated in the first part of this Article, may extend a probation period, but not more than for one year.

3. In the case of systematic and malicious violation by a conditionally sentenced person within the probation period of the public order or if the conditional convict has escaped supervision, the court pursuant to the proposal of the body indicated in the first part of this Article shall issue a resolution on cancelling of the conditional sentence and execution of the punishment prescribed by the court sentence.

4. If during his probation period, a convict with a suspended sentence committed a crime by negligence, or a deliberate crime of a lesser gravity, the question of the cancellation or retention of a suspended sentence shall be decided by a court when sentencing to punishment for a new crime.

5. If during his probation period, a convict with a suspended sentence commits a deliberate crime of medium gravity, or a grave, or especially grave crime, a court shall cancel a suspended sentence, and shall sentence to punishment in accordance with the rules stipulated by Article 60 of the present Code. Under the same rules punishment shall be sentenced in the cases stipulated by the fourth part of this Article.