Section 39. Breach of a condition for suspension of execution, etc.

When the circumstances of the convicted person so warrant, the district court may by ruling during the period of suspension set aside or amend special conditions that have been imposed and impose new special conditions. If the court deems it necessary, it may also extend the period of suspension, but not to more than five years in total. If completion of a drug-treatment programme or an anti-intoxicated-driving programme has been imposed as a condition, the correctional services may apply for such a ruling from the court. The convicted person shall insofar as possible be given an opportunity to comment on special conditions and extension of the period of suspension.
If the convicted person seriously or repeatedly breaches imposed special conditions, the district court may by judgment decide that the sentence shall be executed in full or in part, or impose a further period of suspension and new special conditions. The prosecuting authority's application for such a judgment must be made to the court within three months of the end of the period of suspension. If completion of a drug-treatment programme or an anti-intoxicated-driving programme has been imposed as a condition, the correctional services may apply for such a judgment from the court. The first paragraph, fourth sentence, applies correspondingly. Section 31, second paragraph, does not apply in the event of partial execution of sentence. The rules on notification in section 243 of the Criminal Procedure Act apply correspondingly to court hearings concerning reversal. The correctional services shall be notified pursuant to the same rules that apply with regard to the prosecuting authority.
If the convicted person commits a criminal act during the period of suspension and an indictment is issued or an application is made for summary trial on a plea of guilty within six months of the end of the period of suspension, the court may pass an aggregate sentence for both acts or a separate sentence in respect of the new act. If a separate sentence is passed in respect of the new act, the court may in the sentence also amend the earlier suspended sentence as provided in the first paragraph.