Probation period
Probation Period
Sections 48 and 49 of the Criminal Code (StGB) govern the duration of a probation period, when it commences, and how it proceeds when multiple decisions coincide. Section 48 of the Criminal Code (StGB) determines the length of the probation period depending on the case constellation (e.g., conditional release from imprisonment, release from measures, special groups of offenses up to life imprisonment). Section 49 of the Criminal Code (StGB) stipulates that the probation period starts with the legal validity of the decision, periods of official detention are not counted, and a joint expiry applies to several probation periods running simultaneously. Together, both norms ensure that probation proceeds in a plannable, controllable, and individually risk-adjusted manner; violations have consequences according to Sections 53–56 of the Criminal Code (StGB) (revocation, extension, conditions).
Sections 48 – 49 of the Criminal Code (StGB) govern the duration, commencement, and expiry of the probation period. The provisions ensure clear deadlines, a risk-oriented assessment, and a uniform system that provides for orderly consequences in the event of violations.
Section 48 of the Criminal Code (StGB) – Probation Periods
Principles
The probation period serves to verify whether the convicted person proves himself after release. It amounts to
Extended Probation Periods
Certain circumstances justify a longer probation phase:
- If a started therapeutic treatment (Section 51 of the Criminal Code (StGB)) must be continued, the probation period can last up to five years.
- If the conditionally remitted remainder of the sentence exceeds three years or the sentence concerns a sexual offense of over one year, the probation period is five years.
- In the case of conditional release from life imprisonment, a ten-year probation period applies.
Probation Period upon Release from Measures
For releases from forensic-therapeutic centers or institutions for dangerous repeat offenders, a ten-year probation period generally applies. If the underlying offense is not threatened with a stricter penalty than imprisonment of up to ten years, this is reduced to five years.
For rehabilitation centers, the probation period is between one and five years, depending on the progress of treatment and the stability of living conditions.
Final Remission and Time Limits
If the released person has proven himself during the probation period, the court declares the remission final. This means that the sentence is considered served.
Time limits that normally only begin to run with enforcement start in this case with the conditional release. This creates legal certainty and prevents a double burden.
Section 49 of the Criminal Code (StGB) – Calculation of Probation Periods
Commencement of the Probation Period
The probation period begins with the legal validity of the decision by which the conditional remission Sections 43–45 of the Criminal Code (StGB) or the conditional release Sections 46–47 of the Criminal Code (StGB) was pronounced.
It therefore runs from the point in time from which the judgment or the decision becomes legally effective – not only from the actual release.
Non-creditable Periods
Periods in which the convicted person is detained by official order are not included in the probation period. This is to ensure that probation only counts in freedom, where the behavior can actually be observed.
Joint Expiry for Multiple Probation Periods
If someone is released from the non-conditionally remitted part of a prison sentence before the probation period for the conditionally remitted part has expired, both probation periods run jointly.
This principle prevents overlaps, facilitates monitoring, and maintains the clarity of the time limits.
Significance for Practice
Sections 48 and 49 of the Criminal Code (StGB) create a balanced system between control and trust.
They give courts a clear framework to realistically and proportionately determine probation periods and protect the public from renewed danger without forcing unnecessarily long remission periods.
The combination of legally fixed limits and judicial individual case assessment enables flexible but comprehensible decisions.
In the event of violations, relapses, or new criminal offenses, the regulations of Sections 53–56 of the Criminal Code (StGB) apply, which provide for the revocation, extension, or adjustment of the probation period.
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 HarlanderHarlander & 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.“
