Probation Support

Probation Support in Europe

Supervising Authority, Probation Support, Forensic Ambulance Service in Germany

Provisions relating to supervising authority, probation support, forensic ambulance service 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 68a Supervising authority, probation support, forensic ambulance service, which reads: (1) The convicted person shall be assigned to a supervising authority; the court shall appoint a probation officer to support him for the period of supervision. (2) The probation officer and supervising authority shall act together to assist and offer care to the convicted person. (3) The supervising authority shall supervise the conduct of the convicted person and the fulfilment of the directions in cooperation with the court and with the support of the probation officer. (4) If there is disagreement between the supervising authority and the probation officer as to questions which affect assistance and care for the convicted person the court shall resolve the matter. (5) The court may give instructions to the supervising authority and the probation officer concerning their functions. (6) Before filing a request to prosecute under section 145a 2nd sentence the supervising authority shall hear the probation officer; subsection (4) above does not apply. (7) If a direction pursuant to section 68b (2) 2nd and 3rd sentences has been ordered, the forensic ambulance service shall work together with the parties mentioned in subsection (2) above. Subsections (3) and (6) above on the position of the probation officer above shall apply mutatis mutandis to the forensic ambulance service. (8) The parties mentioned in subsection (1) above and the staff of the forensic ambulance service mentioned in section 203 (1) Nos 1, 2 and 5 shall disclose third party secrets to each other which have come to their attention in the course of their activities within the relationship mentioned in section 203 or otherwise, to the extent that this is necessary to support the convicted person in avoiding the commission of future offences. Moreover, the staff of the forensic ambulance service mentioned in section 203 (1) Nos 1, 2 and 5 shall disclose such secrets to the supervising authority and the court, if in their opinion this is necessary for the purpose of ensuring that the convicted person adheres to a direction 1. under section 68b (1) 1st sentence No 11 to present himself at certain intervals, or that he participates, within the remit of a direction under section 68b (2) 2nd and 3rd sentences, in treatment, the conduct of the convicted person gives reason to believe that measures under section 67g, section 67h or section 68c (2) or (3) are necessary, or 2. if this is necessary to avert a serious and present danger to life and limb, personal freedom or the sexual self-determination of third parties. 3. In cases under the 1st sentence and the 2nd sentence Nos 2 and 3 of this subsection, information within the meaning of section 203 (1) disclosed by staff of the forensic ambulance service may only be used for the purposes mentioned therein.

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Notes

  1. The content of the translated German penal code in relation to supervising authority, probation support, forensic ambulance service is current as of 2010

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