Free ACFE CFE-Law Practice Exam with Questions & Answers | Set: 6

According to the ACFE Fraud Examiners Manual, Law Section, particularly under The Criminal Justice System and Sentencing , probation is a sentencing alternative in which a convicted offender’s incarceration is suspended, and the individual is allowed to remain in the community under specified conditions. If the offender complies with the conditions—such as maintaining good behavior, reporting to a probation officer, or paying restitution—the individual may avoid serving the custodial sentence.

In this scenario, Paul has already been convicted of embezzlement. The court has imposed a sentence but suspended its execution contingent upon his promise of good behavior. This arrangement is characteristic of probation. The conviction remains in place, but incarceration is conditionally withheld. If Paul violates the terms, the court may revoke probation and require him to serve the original sentence.

A deferred prosecution agreement occurs before conviction and typically involves postponing prosecution in exchange for compliance with certain conditions. Determinate and indeterminate sentences refer to the structure or length of imprisonment, not to suspension of incarceration.

Therefore, Paul’s sentence is best described as probation.