Revocation of Preventive Measures

Revocation of Preventive Measures

The revocation under § 54 StGB concerns individuals who have been conditionally released from a preventive measure, for example, from an institution for offenders requiring addiction treatment or a facility under §§ 21 to 23 StGB. These measures are not for punishment but for the protection of the public and the treatment of those whose mental disorder or addiction led to the offense. If it becomes clear that the dangerousness persists or the person concerned does not comply with the conditions, the court can revoke the release and reinstate the measure.

A revocation under § 54 StGB occurs when the court annuls a conditional release from a preventive measure because the person’s dangerousness persists.

Requirements for Revocation

Revocation is carried out according to the same principles as in § 53 StGB. The decisive factor is whether the dangerousness, which the preventive measure addresses, still persists and whether the revocation is necessary to prevent further offenses.

According to § 53 StGB, two fundamental scenarios are considered. Firstly, a new criminal offense committed within the probationary period that leads to a conviction. Secondly, a significant failure to comply with instructions, such as willful non-compliance with formally issued instructions or persistent evasion of probation supervision. In both cases, the court examines whether revocation is truly warranted. There is no automatic process. Before a revocation, the court must consider less severe measures, particularly the extension of the probationary period, the issuance of additional instructions, and the ordering or continuation of probation supervision.

Typical Grounds for Revocation Include

• Relapses into addiction or violence,
• the refusal of therapeutic instructions,
• the discontinuation of treatment or aftercare,
• new criminal offenses that indicate a persistent danger.

The court always examines whether a stable lifestyle outside the institution is realistic or whether a return to the measure appears necessary to prevent further offenses.

Judicial Decision and Alternatives

A revocation may only be ordered if milder measures are insufficient. Alternatives include:

• Extension of the probationary period,
• new therapy or reporting instructions,
• closer supervision by probation services,
• continuation of outpatient treatment under medical supervision.

The court is obliged to always choose the least restrictive appropriate means. Only when all other measures are unsuccessful or insufficient may a revocation occur.

Sebastian Riedlmair
Harlander & Partner Attorneys „Der Widerruf nach § 54 StGB ist kein Ausdruck des Scheiterns einer Behandlung, sondern eine Konsequenz fortbestehender Gefährlichkeit. Er dient der Sicherung der Rechtsordnung und dem Schutz der Allgemeinheit, nicht der Bestrafung.“

Extension of the Probationary Period

If the release from an institution under § 21 StGB is not revoked, the court can extend the probationary period up to a maximum of fifteen years.
If the originally determined probationary period is five years, it may be extended to a maximum of ten years.

Towards the end of the original or extended probationary period, the court can order a further extension by up to three years if special reasons indicate that the threat of placement is still necessary to avert dangerousness.
Repeated extension is expressly permitted.

At the same time, the court examines whether new instructions are to be issued and whether probation supervision is required.

Medical Treatment and Placement

If, as part of the conditional release, the instruction was given to undergo medical treatment, and there is a justified suspicion that the person concerned is not complying with this instruction, the court can order inpatient treatment.
In such cases, the security authority must be notified, which must proceed according to § 9 of the Placement Act (UbG). The court will be informed about the measures initiated and will decide whether the release is maintained or is to be revoked.

New Measure During the Probationary Period

If the person concerned commits a new criminal offense during the probationary period and a preventive measure under §§ 21 to 23 StGB is subsequently ordered again, the previous order becomes obsolete.
This is to ensure that only one current measure applies and no double regulation arises.

Exception: Futility of Treatment

A revocation is not permissible if the continuation of treatment appears futile from the outset. In such cases, a return to the institution would have no therapeutic or security-relevant benefit. The court may therefore not revoke the release.

Legal Assessment

§ 54 StGB supplements the system of conditional releases with a special preventive protection mechanism. It combines security and therapy in a graduated procedure.
The goal is to protect society without unnecessarily infringing on individual liberty.
The judicial decision must therefore always be based on a current dangerousness prognosis and on the principle of proportionality.

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 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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