Suspension of Sentence

Suspension of Sentence in Europe

Aggregate Sentence and Suspension of Sentence in Germany

Provisions relating to aggregate sentence and suspension of sentence in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Fourth Title, Suspended Sentences of Imprisonment,” located in Section 58 Aggregate sentence and suspension of sentence, which reads: (1) If a person has committed more than one offence the length of the aggregate sentence shall be dispositive for a suspension under section 56. (2) If in cases under section 55 (1) the previous sentence had been suspended or early release from it granted and if the aggregate sentence has also been suspended, the minimum of the new operational period shall be reduced by any operational period already expired, but not to less than one year. If the aggregate sentence is not suspended section 56f (3) shall apply mutatis mutandis.

Power of Court to Suspend Sentence in Germany

Provisions relating to power of court to suspend sentence in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Fourth Title, Suspended Sentences of Imprisonment,” located in Section 56 Power of court to suspend sentence, which reads: (1) If a person is sentenced to a term of imprisonment not exceeding one year the court shall suspend the enforcement of the sentence for a probationary period if there are reasons to believe that the sentence will serve as s sufficient warning to the convicted person and that he will commit no further offences without having to serve the sentence. The court shall particularly take into account the character of the convicted person, his previous history, the circumstances of his offence, his conduct after the offence, his circumstances and the effects to be expected from the suspension. (2) The court may, under the conditions of subsection (1) above suspend the enforcement of a term of imprisonment not exceeding two years for a probationary period, if after a comprehensive evaluation of the offence and character of the convicted person special circumstances can be found to exist. In making its decision, the court shall particularly take into account any efforts by the convicted person to make restitution for the harm caused by the offence. (3) The enforcement of a sentence of imprisonment exceeding six months shall not be suspended when reasons of general deterrence so require. (4) The suspension must not be limited to a part of the sentence. It shall not be excluded by any crediting of time served in custody on remand or any other form of detention.

Resources

Notes

  1. The content of the translated German penal code in relation to power of court to suspend sentence is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to aggregate sentence and suspension of sentence is current as of 2010

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