What is a suspended sentence?
A suspended sentence is one where a court convicts a defendant and imposes a sentence, but postpones carrying it out for a set period, typically on conditions. If the period passes without violation, the sentence is treated as void. The idea grew from concern that short prison terms can expose people to criminal networks and sever ties to work and family, making reoffending more likely. This article focuses on how the system works in Korea, Japan and China.
- Korean basis
- Criminal Act, Article 62
- Eligible sentences
- Up to 3 years’ imprisonment, or a fine up to KRW 5 million
- Suspension period
- 1 to 5 years
- Possible conditions
- Probation, community service, treatment or education orders (Art. 62-2)
Requirements in Korea
Under Article 62(1) of Korea’s Criminal Act:
- The sentence must be imprisonment (with or without labor) of 3 years or less, or a fine of KRW 5 million or less.
- There must be mitigating circumstances, judged by factors such as age, character, motive and conduct after the offense (Art. 51).
- No disqualifying record: the offense must not have been committed between a prior final sentence of imprisonment and three years after that sentence was served or remitted. The three years are measured from the time of the new offense.
Suspended sentence vs. suspension of sentencing
| Aspect | Suspended sentence | Suspension of sentencing |
|---|---|---|
| Korean basis | Art. 62 | Art. 59 |
| Is a sentence pronounced? | Yes | No, pronouncement is deferred |
| Eligible cases | Up to 3 years’ imprisonment or KRW 5 million fine | Up to 1 year’s imprisonment, suspension of qualifications or a fine |
| Period | 1–5 years, set by the court | 2 years |
| Effect after the period | The sentence loses effect | The case is deemed dismissed (*myeonso*, Art. 60) |
Lapse and revocation
What happens if someone reoffends while on a suspended sentence? In Korea, if the person is finally sentenced to actual imprisonment for an intentional crime committed during the suspension period, the suspension lapses (Art. 63) and the original sentence must be served as well. A suspension can also be revoked if a disqualifying record comes to light or if the person seriously breaches probation conditions (Art. 64).
The suspension period runs from the date the judgment becomes final. Even after the sentence loses effect, other statutes may still restrict certain qualifications, such as eligibility for public office, for a time.
Japan and China
- Japan: Penal Code Article 25 allows suspension for 1–5 years from the date the judgment becomes final for sentences of up to 3 years’ confinement (*kōkinkei*, which replaced penal servitude and imprisonment without work in June 2025) or fines up to ¥500,000. Japan also allows partial suspension of a sentence.
- China: *Huanxing* (缓刑) under Criminal Law Articles 72–77 may be granted for criminal detention or fixed-term imprisonment of up to 3 years when the offense is minor, the offender shows remorse, poses no risk of reoffending and the community is not adversely affected. It *must* be granted to eligible offenders under 18, pregnant women and those 75 or older. Recidivists and ringleaders of criminal groups are excluded.
For early release from prison, see parole; for the purposes of punishment, see theories of punishment.
Frequently asked questions
- What is a suspended sentence?
- It is a sentence that a court imposes but postpones for a set period; if the person completes the period without violation, the sentence no longer takes effect.
- Is a suspended sentence a conviction?
- Yes. The defendant is found guilty and sentenced; only the execution of the sentence is postponed.
- What happens if you break the conditions of a suspended sentence?
- Depending on the jurisdiction, a new serious offense or a serious breach of conditions can lead the court to revoke the suspension, and the original sentence must then be served.
References
- 「형법」 제59조~제65조 (국가법령정보센터, law.go.kr).
- 刑法（明治40年法律第45号）第25条～第27条 (e-Gov法令検索).
- 《中华人民共和国刑法》第七十二条至第七十七条.