Incapacitation Order

Incapacitation Order in Europe

Subsequent Incapacitation Order in Germany

Provisions relating to subsequent incapacitation order 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 66b Subsequent incapacitation order, which reads: (1) If prior to the end of a term of imprisonment imposed on conviction for a felony against life and limb, personal freedom or sexual self-determination, or a felony pursuant to section 250 and section 251, also in conjunction with section 252 or section 255, or for one of the misdemeanours in section 66 (3) 1st sentence, evidence comes to light which indicates that the convicted person presents a significant danger to the general public, the court may subsequently make an incapacitation order if a comprehensive evaluation of the convicted person, his offences and his development in custody indicate a high likelihood of his committing serious offences resulting in seriously emotional trauma or physical injury to the victim and if the remaining conditions in section 66 are fulfilled. If making the order at the time of conviction was impossible under law, the court shall, for the purpose of the 1st sentence of this subsection, also take into account any facts that were already evident at that time. (2) If evidence of facts of the kind listed in subsection (1) above comes to light after a sentence of imprisonment of a term of not less than five years has been imposed for one or more felonies against life or limb, personal freedom, sexual self-determination or pursuant to section 250 and section 251, also in conjunction with section 252 or section 255, the court may subsequently make an incapacitation order if a comprehensive evaluation of the convicted person, his offence or offences and his development in custody indicate a high likelihood that he will commit serious offences resulting in serious emotional trauma or physical injury to the victims. (3) If pursuant to section 67d (6) a mental hospital order has been declared moot because the condition causing insanity or diminished responsibility on which the order was based did not exist at the time of that declaration, the court may subsequently make an incapacitation order if the mental hospital order pursuant to section 63 was made based upon more than one of the offences set forth in section 66 (3) 1st sentence or if the person had either previously been sentenced to a term of imprisonment of not less than three years or had a mental hospital order made against him because of one or more such offences having been committed by him prior to the offence leading to the mental hospital order pursuant to section 63, and 1. if a comprehensive evaluation of the person, his offences and his development during detention under the measure indicate a high likelihood of his committing serious offences resulting in serious emotional trauma or physical injury to the victims.

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Notes

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

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