Probation Assistance and Instructions

Probation Assistance and Instructions

Sections 50, 51, and 52 of the Criminal Code (StGB) regulate how courts accompany probation: They order probation assistance according to Section 50 of the Criminal Code (StGB), set instructions according to Section 51 of the Criminal Code (StGB), and ensure their implementation and control according to Section 52 of the Criminal Code (StGB). The goal is to prevent relapses, establish social stability, and specifically reduce risks. The court combines the leniency of a sentence or conditional release with clear rules, assistance from professional probation officers, and controls. It adapts the measures to the person, the crime, and the risk of relapse and continuously monitors compliance. Violations have legal consequences according to the revocation provisions of Sections 53 to 56 of the Criminal Code (StGB).

Sections 50–52 of the Criminal Code (StGB): Probation with rules and support. Judicial instructions and probation assistance steer behavior, reduce risks, and are effectively controlled.

Principle and Purpose

Instructions and probation assistance promote a crime-free life and protect the public. The court makes tailor-made requirements and orders probation assistance if this is necessary to avoid relapses. It regularly checks whether the scope and duration still fit.

Section 50 of the Criminal Code (StGB) Probation Assistance

Order for Probation Assistance

The court orders probation assistance if support and control are necessary to ensure a stable lifestyle. This concerns cases of conditional suspension of sentence or release in which social support, therapy, or debt regulation can reduce the risk of relapse.

Tasks of Probation Assistance

Probation assistance accompanies, stabilizes, and controls. It provides support in job search, education, therapy, and debt planning, ensures regular contact, and reports continuously to the court. This is how compliance with court orders is checked and promoted.

Cooperation of the Person Concerned

The person concerned must keep appointments, communicate openly, and provide evidence of progress. Active cooperation and personal initiative are crucial for successful probation.

Section 51 of the Criminal Code (StGB) Instructions

Purpose of the Instructions

Instructions serve to specifically control behavior, limit risks, and create clear, verifiable framework conditions. They promote insight, stability, and responsibility.

Typical Instructions in Practice

• Therapy and treatment: Participation in addiction or psychotherapy, anti-violence training.
• Contact and residence requirements: Avoidance orders, protection or house bans, distance from certain persons or places.
• Work and education: Obligation to employment, proof of applications, participation in qualification measures.
• Financial order: Creation of a debt plan, disclosure of income, regulated repayments.
• Abstinence requirements: Alcohol and drug tests, proof of regular tests.
• Reporting obligations: Regular consultations with probation assistance or court.

Adaptation and Proportionality

The court only sets those instructions that are necessary and suitable. They can be adapted or lifted if behavior or life situation changes significantly.

Section 52 of the Criminal Code (StGB) Implementation and Control

Monitoring Compliance

The court and probation assistance regularly check whether requirements are met. They evaluate reports, evidence, and test results and document all developments.

If the course is positive, controls are gradually reduced and requirements are terminated early. If difficulties arise, the court can tighten instructions or order additional measures.

Violations and consequences
Serious breaches of duty or new criminal offenses lead to revocation proceedings under Sections 53–56 of the Criminal Code (StGB). The system thus remains flexible but consistent: support as long as progress is recognizable, and sanction when relapses threaten.

Interaction with other Provisions

• Sections 43–45 of the Criminal Code (StGB): The basis of conditional leniency lies in an interaction of instructions and probation assistance, which helps to prevent relapses and gradually promote reintegration.
• Sections 46–49 of the Criminal Code (StGB): Conditional release and probationary periods; instructions apply during the probationary period and depend on its duration.
• Sections 53–56 of the Criminal Code (StGB): In the event of violations, graduated reaction mechanisms come into play, ranging from an extension of the probationary period to additional requirements and revocation, thus enabling flexible but consistent control.

Significance for Practice

Courts always work with a carefully prepared risk profile and set clear and verifiable goals to make the course of probation comprehensible. Successful probation is reflected not only in stable work but also in a secure housing situation, consistent adherence to therapy, and permanently conflict-free behavior. Comprehensive and continuous documentation by the person concerned and by the probation assistance significantly facilitates the court’s assessment of the overall course and thus contributes decisively to a positive decision on final leniency.

Short Practical Examples

Debts and property offenses: Debt plan, work obligation, income disclosure; orderly finances significantly reduce the risk of relapse.

Substance abuse context: Probation with abstinence instruction, regular screenings, and outpatient therapy; early evidence leads to relaxations.

Violence context: Participation in anti-violence program, contact ban, close monitoring; consistent program participation stabilizes the prognosis.

Your Benefits with Legal Assistance

A criminal proceeding is a significant burden for those affected. Serious consequences threaten right from the start – from coercive measures such as house searches or arrests, to entries in the criminal register, to custodial or monetary penalties. Errors in the initial phase, such as thoughtless statements or insufficient preservation of evidence, often cannot be corrected later. Economic risks such as claims for damages or procedural costs can also be substantial.

Specialized criminal defense ensures that your rights are protected from the outset. It provides security in dealing with the police and public prosecutor’s office, protects against self-incrimination, and creates the basis for a clear defense strategy.

Our law firm:

• examines whether and to what extent the accusation is legally sustainable,
• accompanies you through investigation proceedings and main hearing,
• ensures legally sound applications, statements, and procedural steps,
• assists in defending against or settling civil law claims,
• protects your rights and interests vis-à-vis the court, public prosecutor’s office, and victims.

Peter Harlander
Harlander & Partner Rechtsanwälte „Machen Sie keine inhaltlichen Aussagen ohne vorherige Rücksprache mit Ihrer Verteidigung. Sie haben jederzeit das Recht zu schweigen und eine Anwältin oder einen Anwalt beizuziehen. Dieses Recht gilt bereits bei der ersten polizeilichen Kontaktaufnahme. Erst nach Akteneinsicht lässt sich klären, ob und welche Einlassung sinnvoll ist.“

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