Suspended Sentence

Suspended Sentence in Europe

Supervision Coinciding With Suspended Sentence, Conditional Early Release or Suspended Professional Disqualification Order in Germany

Provisions relating to supervision coinciding with suspended sentence, conditional early release or suspended professional disqualification 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 68g Supervision coinciding with suspended sentence, conditional early release or suspended professional disqualification order, which reads: (1) If a suspended sentence, conditional early release or a suspension of the professional disqualification has been ordered and if the convicted person is at the same time under supervision for the same or another offence, only section 68a and section 68b shall apply in relation to supervision and directions. Supervision shall not cease before the expiry of any operational period. (2) If the suspended sentence, conditional early release and the supervision have been ordered on the basis of the same offence, the court may determine that the supervision shall be stayed until the expiry of any operational period. In this case the operational period shall not be credited towards the period of supervision. (3) If after the expiry of the operational period the sentence or the remainder thereof is remitted or the professional disqualification declared terminated, supervision ordered because of the same offence shall cease at the same time, unless the supervision is indeterminate (section 68c (2) 1st sentence or (3)).

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Notes

  1. The content of the translated German penal code in relation to supervision coinciding with suspended sentence, conditional early release or suspended professional disqualification order is current as of 2010

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