Revocation in the Event of Subsequent Conviction
Revocation in the Event of Subsequent Conviction
The revocation in the event of a subsequent conviction takes effect if the court conditionally suspends a person’s sentence, part of a sentence, or placement in an institution for drug-dependent offenders, and a further offense subsequently becomes known that was committed before this decision.
In this case, the court examines whether it would have pronounced the suspension even if all the offenses had been known at the same time.
If it emerges that the earlier decision was too lenient, the court revokes the suspension and executes the sentence or measure.
In this way, the law ensures that a favorable prognosis only remains in place if it is based on complete and accurate information.
The court revokes a suspended sentence if a subsequent conviction shows that it would not have granted the suspension if the cases had been tried jointly.
Background and Purpose
§ 55 StGB is intended to prevent convicted persons from being favored by the temporal sequence of several proceedings.
If someone is later convicted of another offense that was committed earlier after an initial suspended sentence, the court examines whether it would also have pronounced a suspension if both offenses had been assessed at the same time.
This ensures uniform sentencing and prevents unintended double benefits.
Requirements for Revocation
A revocation according to § 55 Abs. 1 StGB occurs if the following requirements are met:
- Subsequent Conviction pursuant to § 31 StGB
There is a further court decision regarding an offense that was committed previously. - Hypothetical Overall Assessment
The court must determine whether a suspended sentence would have been pronounced if both offenses had been tried jointly. - Necessity of Revocation
The new conviction shows that the earlier positive prognosis was incorrect and a further suspension is no longer justifiable.
The examination is based in particular on the following criteria:
- Severity and nature of the new offense
- Time interval to the first conviction
- Overall behavior of the person concerned
- Suitability for probation in light of the new findings
Sebastian RiedlmairHarlander & Partner Attorneys „Eine nachträgliche Verurteilung zwingt das Gericht, die frühere Milde neu zu bewerten. Strafnachsicht darf nur bestehen bleiben, wenn sie auch bei vollständiger Tatsachenkenntnis gerechtfertigt wäre.“
Subsequent Suspension of Sentence
§ 55 Abs. 2 StGB also regulates the reverse case.
If the court conditionally suspends a sentence in a new conviction, it examines whether this suspension may remain in place.
If the assessment reveals that no suspension would have been pronounced in the event of a joint conviction, the court revokes the decision.
If it was not aware of the earlier conviction, it obtains this assessment and ensures that no one benefits twice from mitigating circumstances simply because the proceedings were conducted separately in time.
Aggregation of Probation Periods
If several suspended sentences exist simultaneously, the probation periods run according to § 55 Abs. 3 StGB together.
All probation periods end with the last one to expire, but may not last longer than five years in total. This keeps the control limited in time, while ensuring a proper observation of the behavior.
Judicial Decision Practice
In practice, § 55 StGB often concerns cases in which an offense committed before the first conviction is discovered only later.
Practical Relevance and Classification
§ 55 StGB ensures uniform treatment of all convicted persons, regardless of when and in what order their offenses become known.
It corrects misjudgments and ensures that suspended sentences only remain in place on a complete factual basis.
The revocation is not an additional penalty, but a legally required compensation if the original prognosis proves to be incorrect.
For those affected, this means that a later conviction can also have an impact on earlier suspended sentences, provided that this results in a changed overall assessment.
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 injured parties
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.“
