Duration

Duration in Europe

Duration in Germany

Provisions relating to duration 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 68c Duration, which reads: (1) The period of supervision shall last no less than two and no more than five years. The court may reduce the maximum duration. (2) The court may make an indeterminate supervision order exceeding the maximum in subsection (1) 1st sentence above if the convicted person does not consent to a direction under 1. section 56c (3) No 1; or 2. does not comply with a direction to undergo medical treatment or addiction treatment or a therapy direction and if a danger to the general public through the commission of further serious offences is to be expected. If the convicted person subsequently consents, the court shall fix the further duration of the supervision. Section 68e (3) shall apply. (3) The court may make an indeterminate supervision order exceeding the maximum in subsection (1) 1st sentence above if 1. in the case of a suspended mental hospital order under section 67d (2) there is reason to believe that the convicted person is otherwise about to lapse into a state under section 20 or section 21 resulting in a danger to the general public by the commission of further serious unlawful acts, or the convicted person has, for an offence listed under section 181b, been sentenced to a single or aggregate term of imprisonment of not less than two years or a mental hospital order or a custodial addiction treatment order 2. and if the violation of directions under section 68b (1) or (2) or other facts give reason to believe that there may be a danger to the general public by the commission of further serious unlawful acts. (4) In the case of section 68b (1) supervision shall commence when the order becomes final; in the cases of section 67b (2), section 67c (1) 2nd sentence and (2) 4th sentence and of section 67d (2) 2nd sentence it shall commence when the suspension order becomes final or at a later date as specified by the court. Any time during which the person was a fugitive, was hiding, or was kept in detention by order of a public authority shall not be credited against its duration.

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Notes

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

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