⚖️ Suspended sentence on probation
In brief
There are two different routes to probation: the court can suspend a prison sentence of up to two years on probation from the outset in the judgment (§ 56 StGB) if the prognosis is favourable. For a fixed-term prison sentence already being served, the remainder of the sentence can, as a rule after two thirds of the sentence has been served, be suspended on probation (§ 57 StGB), exceptionally already after half. For a life sentence, suspension is possible after 15 years at the earliest (§ 57a StGB), if no particular gravity of guilt stands in the way. During the probation period, conditions and instructions apply, often combined with placement under a probation officer.
Step by step
- Prepare in good timeTalk to your defence lawyer early, before the two-thirds date, about suspension of the remainder of the sentence – the prison can submit an opinion on this.
- Create positive factors for the prognosisSettled housing, a work or training prospect and, where applicable, completed treatment measures regularly have a positive effect on the social prognosis.
- Wait for the court procedure under § 454 StPOBefore deciding, the court hears the public prosecutor's office, the prison authority and, if applicable, experts.
- Know your conditions and instructions preciselyHave the specific terms of probation (e.g. reporting, residence or contact conditions) explained to you in writing.
- Contact the probation service earlyKeep agreed appointments – besides supervision, the probation service also has a supportive function that can be actively used.
Deadlines
- Suspension is not an automatic benefit after a certain time has passed, but requires a positive social prognosis – preparation (housing, work, therapy if applicable) considerably increases the chances.
- A breach of instructions or a new offence during the probation period can lead to revocation – the remainder of the sentence then still has to be served.
- The half-sentence rule is an exception for special circumstances, not the normal case – do not automatically rely on it.
- The probation service is not purely a monitoring body: by law it also has a helping function – using it actively often improves your own chances of success.
In depth · legal basis, figures and practice – for advisers and professionals
Suspension from the outset (§ 56 StGB)
For prison sentences of up to one year, the court regularly suspends enforcement on probation if it can be expected that the convicted person will take the conviction as a warning and will commit no further offences. For sentences between one and two years, suspension is possible only where there are special circumstances in the offence and the personality.
Suspension of the remainder of a fixed-term prison sentence (§ 57 StGB)
After two thirds, but at least two months, have been served, the court suspends the remainder of the sentence on probation if this can be justified having regard to the public's interest in security and the convicted person consents. Exceptionally this is possible already after half of the sentence, in particular for first-time offenders with a sentence of no more than two years and where special circumstances exist.
Life sentence (§ 57a StGB)
For a life sentence, the court suspends the remainder of the sentence on probation after 15 years of enforcement at the earliest, if the particular gravity of the convicted person's guilt does not require further enforcement and the other conditions of § 57 para. 1 StGB are met. The probation period is a uniform five years; the court may set a waiting period of up to two years before a new application.
Procedure (§ 454 StPO)
The competent Strafvollstreckungskammer decides on suspension of the remainder of the sentence after hearing the public prosecutor's office, the prison authority and – where required by law for certain convictions or ordered in the individual case – after obtaining an expert report.
Probation period, instructions, revocation
During the probation period, conditions (e.g. compensation for damage) and instructions (e.g. residence, reporting duties, contact bans) can be imposed; placement under probation supervision is common (§ 56d StGB). In case of breaches or a new offence during the probation period, the suspension can be revoked (§ 56f StGB), with the result that the remainder of the sentence has to be served.
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