Duration of Detention

Duration of Detention in Europe

Duration of Detention in Germany

Provisions relating to duration of detention in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Sixth Title, Measures of Rehabilitation and Incapacitation,” located in Section 67d Duration of detention, which reads: (1) Detention under a custodial addiction treatment order may not exceed a period of two years. This term shall run from the commencement of the detention. If a custodial measure is enforced before a sentence of imprisonment imposed at the same time, the maximum period shall be extended by the length of the term of imprisonment to the extent the time spent in the measure is credited towards the sentence. (2) If no maximum period has been provided or the period has not yet expired, the court shall suspend the measure for an operational probationary period if it can be expected that the person subject to the measure will not commit any more unlawful acts if released. The order for suspension shall automatically lead to the person being subjected to supervision. (3) If ten years of an incapacitation order have been served, the court shall declare the measure terminated and order the release if there is no danger that the person under placement will, due to his propensity, commit serious offences resulting in serious emotional trauma or physical injury to the victims. The order for release shall automatically lead to the person being subject to supervision. (4) If the maximum period has expired the person shall be released. The measure shall thereby be terminated. The release shall automatically lead to the person being subject to supervision. (5) The court shall declare the custodial addiction treatment order terminated if the conditions of section 64 no longer exist. The release shall automatically lead to the person being subject to supervision. (6) If, after the enforcement of a mental hospital order has begun, the court finds that the conditions for the measure no longer exist or that the continued enforcement of the measure would be disproportionate, the court shall declare it terminated. The release shall automatically lead to the person being subjected to supervision. The court shall waive supervision if it can be expected that the person will not commit any further offences without it.

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Notes

  1. The content of the translated German penal code in relation to duration of detention is current as of 2010

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