Respite (law)

Reprieve is the legal term for a postponement of enforcement to a later date. If the enforcement of a final sentence of imprisonment has not started yet, there is the possibility of enforcement authority ( prosecutor or juvenile court judge as executing ladder) to grant the condemned man a reprieve for important reasons. ( After executing the start may be granted under similar conditions so-called parole. )

Reprieve must be granted, for example, if the offender falls into insanity, in other diseases only if enforcement would be likely to have a life threat to him.

The enforcement may be postponed further if, because of the physical condition of the convicted person for an immediate enforcement with law enforcement agencies would not be tolerated (eg a necessary medical treatment is not possible there, § 455 Code of Criminal Procedure ), and for reasons of enforcement organization ( § 455a Code of Criminal Procedure ). A temporary reprieve is 456 Code of Criminal Procedure, at the request of the convicted possible also for other reasons § if the immediate enforcement of him or his family would create significant, are beyond the criminal purpose disadvantages. Such a delay is limited to a maximum of 4 months.

Negative decisions on reprieve from the law enforcement agencies, it is possible to raise objections under § 458 Code of Criminal Procedure before the Court of the first Rechtzugs ( § 462a para Code of Criminal Procedure ). Although this remedy has initially no enforcement inhibitory effect, the court may, but according to § 458 para 3 Criminal Procedure delay application of course, on application. The check is made here to the flawless exercise of discretion on the part of the enforcement authority. Against a decision of the court there is the appeal of immediate appeal to the next instance.

• Criminal law enforcement ( Germany )