Revocation Periods
Revocation Periods
§ 56 StGB stipulates the period within which a court may order the revocation of a conditional suspension of sentence or conditional release.
This provision ensures legal certainty: It aims to prevent probation decisions from remaining indefinitely unresolved. Concurrently, it allows for offenses committed during the probationary period to be taken into account, even if they are discovered or legally adjudicated at a later date.
This provision concludes the system established by §§ 53 to 55 StGB and defines the timeframe within which a judicial revocation is permissible.
§ 56 StGB stipulates that the revocation of a conditional suspension or release may only be ordered during the probationary period or within six months thereafter.
Legal Basis
The court may issue the orders provided for in §§ 53 to 55 only during the probationary period; however, in the case of a criminal offense committed during this period, it may also do so within six months after the probationary period expires or after the conclusion of criminal proceedings pending against the offender at the time of its expiration.
Scope of Application
§ 56 StGB applies to all cases where a revocation under §§ 53 to 55 is applicable.
These include:
- Revocation of conditional suspension of sentence or release
- Revocation in the case of preventive measures
- Revocation in the case of subsequent conviction
As a rule, the court may only issue a revocation decision during the probationary period. This ensures the link to the probation phase is maintained, and the individual concerned knows the timeframe within which their release can be reviewed.
Subsequent Revocation Possibility
If the individual concerned has committed a new criminal offense during the probationary period, the court may also order the revocation after the probationary period has expired.
However, this subsequent decision is subject to time limits:
- no later than six months after the probationary period expires, or
- no later than six months after the conclusion of criminal proceedings that were already pending at the time the probationary period expired.
This prevents individuals from evading responsibility simply because proceedings take longer or are concluded only after the probationary period.
Purpose of the Deadline Regulation
The provision of § 56 StGB serves two objectives: It safeguards confidence in legal certainty while also enabling an appropriate response to new offenses.
The law establishes a clear time limit to prevent probation decisions from remaining indefinitely unresolved. Concurrently, it permits effective action against violations committed during the probationary period.
This creates a fair balance between stability and control.
Sebastian RiedlmairHarlander & Partner Attorneys „Die Widerrufsfristen im Strafrecht sind kein bloßer Formalismus, sondern Ausdruck des Vertrauensschutzes. Wer seine Bewährung erfüllt hat, muss darauf bauen können, dass getroffene Entscheidungen Bestand haben.“
Practical Example
A conditionally released offender commits a new offense a few weeks before their probationary period expires.
The criminal proceedings span several months. Pursuant to § 56 StGB, the court can still order the revocation of the conditional release within six months after the conclusion of the new proceedings.
This ensures the link between the offense and the probation assessment is maintained.
Legal Significance
§ 56 StGB establishes binding time limits for judicial interventions in probation decisions.
It prevents a release from being challenged again after many years, thereby strengthening confidence in the finality of legally binding judgments.
Concurrently, it ensures that relevant offenses committed during the probationary period can still be addressed in a timely manner.
This provision thus marks the culmination of the probation system and guarantees its internal equilibrium.
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.“
