Suspension of a Prison Sentence: The Way Out Before Prison

You have just heard the guilty verdict and the fear of prison is closing in on you. Take a breath. An application to suspend the execution of a sentence is the lawful route that can keep the cell door shut. What is more, you are not a number, and you are not alone in this.

In this article we explain clearly and step by step when suspension is granted. Every case, however, is different. So the right lawyer for the suspension of a sentence can stand between you and prison — like a breakwater that breaks the wave before it reaches you.

What the suspension of the execution of a sentence means

Suspension does not mean acquittal. It means that the court convicts you, but does not send you straight to prison. Instead, the sentence is “frozen” for a fixed period.

Consequently, if during that period you do not commit a new offence, you never cross the threshold of a prison. In other words, it is a genuine second chance that the law grants, subject to conditions.

When an application to suspend the execution of a sentence is granted

The new Greek Criminal Code, following the stricter provisions of Law 5090/2024, sets specific criteria. More precisely, the court weighs three key factors.

1. The length of the sentence. The lower the sentence, the greater the likelihood of suspension or of serving it in an alternative way.
2. Your criminal record. A “clean” record weighs decisively in your favour.
3. The court’s judgement. It does not consider actually serving the sentence “absolutely necessary” to deter further offences.

The sentence thresholds under the new Criminal Code

The thresholds are crucial. So let us look at them simply and clearly, always as a general framework.

1. Imprisonment of up to 2 years. As a rule the law provides for serving the sentence in an alternative way: conversion into a fine, community service, or a suspended sentence.
2. Imprisonment of up to 3 years. Here the main route is a conditionally suspended sentence (Article 99 GCC).
3. Imprisonment of 3 to 5 years. A suspended sentence under supervision (Article 100 GCC) is possible, subject to conditions.

The above, however, is not automatic. So a well-documented request and a sound legal strategy are needed to persuade the court.

Criminal record and previous convictions

An old conviction does not automatically mean you lose the right. Specifically, the law allows suspension, with specific reasons given, even where the previous sentences do not exceed 5 years’ imprisonment in total.

However, for serious crimes — such as robbery, rape, running a criminal organisation, or homicide — suspension is exceptionally difficult. The right preparation therefore becomes even more crucial.

Suspended sentences and conversion into community service

After Law 5090/2024, the court first examines the alternative ways of serving a sentence. Thus, instead of a cell, the court may order the conversion of the sentence into a fine or into community service.

Community service (Article 104Α GCC) now applies to prison sentences of up to 2 years. At the same time, a conditionally suspended sentence often carries obligations, such as reporting to an authority or abstaining from certain acts.

In any event, choosing the right route requires experience. Consequently, a criminal defence lawyer in Athens will judge which solution truly fits your case.

The appeal with suspensive effect: the immediate brake before prison

Perhaps the most immediate tool is the appeal with suspensive effect. Specifically, an appeal that you lodge admissibly “freezes” the execution of the first-instance decision until you are retried (Article 497 CCP).

1. Imprisonment of up to 3 years: the appeal has suspensive effect automatically, by operation of law.
2. Imprisonment of more than 3 years: the appeal suspends enforcement, unless the court gives reasons for deciding otherwise.
3. Fixed-term incarceration: the court decides at once whether suspension will be granted, often with restrictive conditions.

Take care, though. Unlike the appeal, an appeal in cassation before the Supreme Court as a rule does not suspend enforcement. So timing and the order of your moves matter more than anything.

For the full picture, see our page on Legal Remedies and in particular the appeal against a criminal conviction. In addition, once the national remedies are exhausted, there is also the application to the European Court of Human Rights.

Why you need a criminal defence lawyer from the very first minute

No court grants the application to suspend the execution of a sentence automatically. On the contrary, defence counsel must submit it at the hearing, with specific and persuasive reasoning. The presence of an experienced lawyer is therefore decisive.

Moreover, in cybercrime or crimes against sexual freedom cases, the technical and psychological factors are complex. So having the evidence analysed by a lawyer who reads it himself makes the difference.

Frequently Asked Questions (FAQ)

Will I go to prison tomorrow if I do not get a suspension at the hearing?

Not necessarily. Specifically, if you lodge an appeal and it has suspensive effect, the execution of the sentence is frozen until the second-instance court. Your lawyer’s immediate action is therefore everything.

I have an old conviction — do I permanently lose the right to a suspended sentence?

Not automatically. The law nonetheless allows suspension, with specific reasons given, where the previous sentences do not exceed 5 years’ imprisonment in total. So it is the overall picture that counts, not a single entry.

Does an appeal always have suspensive effect?

Not always. For imprisonment of up to 3 years it applies automatically, by operation of law. For heavier sentences, by contrast, the court may decide otherwise. A well-prepared request is therefore needed.

Can I buy out my sentence instead of going to prison?

In some cases, yes. More specifically, for imprisonment of up to 2 years the law provides for conversion into a fine, where the conditions for suspension are not met. This, however, depends on the sentence and the offence.

What is conversion into community service?

It is the serving of the sentence by providing work to public-benefit bodies, instead of imprisonment. Moreover, it now applies to sentences of up to 2 years. In this way, you avoid the cell by meeting your obligations.

Can the lawyer request a suspension after the event?

Yes. There are procedural tools even after the decision, such as the application to suspend execution in combination with the appeal. So even if you fear that the time has “run out”, speak to a criminal defence lawyer at once.