Discharge (sentence)

The probation is a period of time in which a person must justify the trust placed in them. Usually the term is used in the area of ​​criminal law for the time period of the suspension of a prison sentence. In Austria and Switzerland, you use the term " suspended sentence ". The convicted person remains at liberty (or is released into the wild, as far as he previously was in custody ), the real criminal is saying but anyway. Unlike often assumed or portrayed in the media, the probation from a legal perspective is no kind of penalty in addition to or instead of a prison sentence ( " probation "). The penalty is simply not enforced, the convict gets instead an opportunity to show in a set time frame that he had no other (in practice: similar ) commits offenses more. Will he relapsed within the probation period, threatened enforcement of the pronounced punishment.

The term " probation " may also early release fall on positive social prognosis, the German Criminal Code (StGB ) and are governed by § § as " suspension mainder of the sentence on probation, " 57 et seqq.

Purpose

The purpose of probation is subject to the theories of punishment. The probation suggests that the offender can already serve as a warning the conviction and will in the future without the action of the prison do not commit more crimes ( § 56 StGB). Especially with offenders who have little or no socialization deficits, there is a greater possibility of making a suspension of a sentence on probation. After a partial sentence has been served, there is also the possibility of suspending one on parole. So, is reviewed regularly in Germany offenders are serving a life sentence after 15 years of imprisonment if the penalty thereof may be suspended on probation, if not contrary to the leaders of the prisoner or the severity of the debt in terms of fact.

According to empirical studies has shown that offenders with sentences that were suspended on probation, rarely prone to recidivism than offenders whose punishment has been enforced in the prison. It should be noted, however, that in practice imprisonment without parole are usually imposed only against those offenders who have committed despite a previously carried conviction to probation as a result further offenses. Even if the principle probation in addition to a rehabilitation function at the same time can also send an adhesion - and thus cost avoidance function, it must not be concluded from the above studies that the imposition of a suspended sentence basically leads to a lower risk of relapse.

Legal bases

Suspension of imprisonment on probation in Germany is regulated in § 56 of the Criminal Code. When probation within the meaning of § § 56 et seqq is the suspension of a prison sentence on probation. This means that the criminal enforcement of a custodial sentence is suspended and the convicted person remains at liberty.

If the convicted person during the probation period no cause for revocation of suspension (such as new offenses ), the punishment it is adopted after the expiry of the probation period.

Only sentences with a period of up to two years suspended. The decision is made by the trial court. The trial court shall first make a prediction as to whether it can be assumed that the culprit is, even without the execution of prison sentence committing future crimes no more.

If the imprisonment for not more than six months and the prognosis appears favorable, the penalty ( § 56 para 1 in conjunction with paragraph 3 of the Criminal Code ) is mandatory suspend on probation. In the range of six months to one year imprisonment, the suspension is in addition to the presence of the forecast conditional on the ' defense of the law " enforcement of the sentence does not command ( § 56 para 3 of the Criminal Code ). Here it is, therefore, placed on the idea of ​​general deterrence. In terms of imprisonment for twelve months to two years, the penalty may be suspended on probation, if the prognosis is favorable, the defense of the legal system does not preclude and in addition there are special circumstances ( § 56 Section 2 of the Criminal Code).

The suspension of a criminal residue which is not life- long takes place, according to § 57 of the Criminal Code, with life imprisonment under § 57a of the Criminal Code. The decision is made by the Criminal Chamber of the competent regional court enforcement.

In very special cases can be imposed as punishment reserved in accordance with § 59 of the Criminal Code a warning. This corresponds roughly to a fine and probation.

Design of probation

The probation ( § 56a StGB) is between two and five years. For this time the condemned can a probation officer be appointed. Regularly also conditions and instructions are issued, for example, the message every change of residence, the obligation to pay reparations, which serve unpaid work hours for charitable purposes, payments to the state treasury, or - with the consent of the convicted - participation in an alcohol or drug therapy. The fulfillment of these obligations has regularly demonstrated to the court the convicted.

If violated the obligations imposed in gross or persistent manner or commits any other offense the offender during the period of probation, the probation may be revoked. Then, the sentence will be served in full. Otherwise, again - possibly sharper - imposed conditions or instructions and usually extends the probation period.

At the end of the probation period, the penalty shall be adopted in accordance with § 56g of the Criminal Code.

Follow

The probation itself does not affect the conviction. The offender also carries a criminal taint and is also a criminal record. The condemnation is recorded in the Federal Central Register. Thus, in crime within the probation law enforcement agencies, a check is made ​​easier. So-called " parole failures " is usually a poor social prognosis in further offenses received.

Revocation of parole

The revocation of parole in accordance with § 56f of the Penal Code permitted if the convicted person in the period of probation commits an offense and thereby shows that the expectation that lay parole based, has not been fulfilled, or violates the condemned against transfers or probation. The court may waive the revocation even if the convicted less restrictive measures, in particular the imposition of further conditions or the extension of the probation period, sufficiently appear ( § 56f, paragraph 2 of the Criminal Code ). Okay this does not mean that the original act is sufficiently sanctioned, but is solely based on whether even with the imposition of milder measures there is reason to start from a favorable social prognosis.

Before deciding on the revocation of probation are to be heard in accordance with § 453 Code of Criminal Procedure, the prosecutor and the convicted. In cases where hidden, for example, the convicted person holds (escape ), can be dispensed with having heard the person.