What is discharge 1

Conditional release from prison

Does an offender have the half If the sentence imposed in the judgment has been served - but at least three months - he will be released from custody if it can be assumed that he will be released despite his early release not delinquent again becomes. However, a prisoner is no later than after two thirds of the prison sentence imposed in the judgment, unless there are special reasons to fear that he will become criminal again.

An offender who has been sentenced to life imprisonment cannot be conditionally released before leaving 15 years has served.

In the event of conditional release from prison, a Probationary period fixed. The trial period is at least a year and at most three years. If the remainder of the conditionally waived sentence exceeds three years, the probationary period is five years. In the case of conditional release from life imprisonment, the trial period is ten years.

Note

Since January 1, 2016, adolescents and young adults up to the age of 21 who are in custody have the option of one Social network conferenceor.Discharge conference. The goals of the discharge conference are to clarify the requirements for a conditional release and to define measures to prevent further criminal offenses. The condemned person's consent is required for a discharge conference.

In principle, in the last three months before half of the prison sentence has been served, the court must decide ex officio whether the prisoner is to be released prematurely. When making a decision, the files on the criminal proceedings and the personal file are inspected. The court also solicits statements from the prisoner, the director of the facility and the public prosecutor's office.

Further information on serving prison sentences can be found in the chapter "Detention".

Legal bases

For all personal designations, the chosen form applies to both genders and thus corresponds exactly to the legal terminology of the Code of Criminal Procedure in this text (Section 515 (2) StPO).

Last updated: February 24, 2021

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