Conditions for Warning

Conditions for Warning in Europe

Conditions for Warning and Deferment in Germany

Provisions relating to conditions for warning and deferment in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Fifth Title, Warning Combined With Deferment of Sentence; Discharge,” located in Section 59 Conditions for warning and deferment, which reads: (1) If a person has incurred a fine not exceeding one hundred and eighty daily units, the court may warn him at the time of conviction, indicate the sentence and defer its imposition if it can be expected that the offender will commit no further offences without the immediate imposition of the sentence; 1. a comprehensive evaluation of the offence and the personality of the offender warrant the existence of special circumstances which obviate the imposition of a sentence; and 2. reasons of general deterrence do not demand 3. the imposition of a sentence. Section 56 (1) 2nd sentence shall apply mutatis mutandis. (2) Ancillary orders for confiscation, deprivation or destruction may be imposed in addition to a warning. A warning with deferment shall not be considered alongside measures of rehabilitation and incapacitation.

Resources

Notes

  1. The content of the translated German penal code in relation to conditions for warning and deferment is current as of 2010

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