Abstract
This article discusses section 81 of the Czech Criminal Code which specifies conditions for suspending a prison sentence. Might judges take into account offense seriousness when deciding whether to suspend a prison sentence? Or must judges consider only offender's prospects to re-offend? The text of the provisions, the placement within the Criminal Code structure and the purpose of suspended prison sentences suggest offense seriousness should not be considered.
A detailed discussion of relevant provisions' development shows that while the original between-wars conception did not allow to consider offense seriousness, chaotic changes brought by communist regime enabled such consideration. New Criminal Code enacted in 2009 used the language of the between-wars provisions, yet an explanatory memorandum to the code claimed no change took place.
Chaos ensued as both the Supreme Court and commentaries to the Criminal Code followed jurisprudence relating to pre-2009 provisions, even though this jurisprudence is not in line with the text of the post-2009 provisions. Recommendations for both practitioners and legislators close the article.