Enforcement of Sentences / Prison System
If it does indeed happen that a defendant is convicted by a court with final legal effect, they are confronted with many questions, uncertainties, and fears. Often, a sense of hopelessness sets in, along with the thought that it is no longer possible to influence the course of events at this late stage of the proceedings. However, this is not the case. Even in the context of enforcement of sentences and imprisonment, there are a number of options for shaping the outcome that can be discussed with a criminal defense lawyer and implemented by them. For example, an application for unfitness for detention may be filed, or efforts can be made to have the sentence suspended on probation as soon as possible.
Key points at a glance
Enforcement of Sentences
An eine rechtskräftige Verurteilung schließt sich das Vollstreckungsverfahren nach den §§ 449 ff. StPO an. A final criminal judgment is a prerequisite for the commencement of enforcement proceedings. At this stage of the proceedings, the sentence imposed in the individual case is enforced.
Enforcement proceedings include all measures required after a judgment has become final in order to implement the legal consequences ordered by the competent court, Section 449(1) StPO. This includes, in particular, the enforcement of custodial sentences and other deprivations of liberty, measures of rehabilitation and security, fines, as well as the enforcement of a driving ban or the revocation of a driving licence. Notifications of the conviction to the Federal Central Criminal Register or the Register of Driving Fitness, and all subsequent decisions connected with enforcement, must also be taken into account.
Responsibility for enforcement lies primarily with the public prosecutor’s office as the enforcement authority pursuant to Section 451(1) StPO.
In doing so, the public prosecutor’s office, as the enforcement authority, works with various authorities depending on the legal consequence—for example, the revocation of a driving licence and the disqualification period for reissuing a driving licence, as other measures of rehabilitation and security, are enforced by notifying the competent specialist authorities.
If the person liable to pay does not meet their payment obligation, the enforcement of fines may, subsidiarily, be carried out by means of a substitute custodial sentence.
Close cooperation with the prison authorities is particularly important for the enforcement authority in the enforcement of custodial sentences and preventive detention. While the enforcement authority primarily reviews whether the prerequisites for enforcement are met, the correctional facilities, as prison authorities, carry out the custodial measures on this basis under their own responsibility.
Imprisonment
Legislative competence for imprisonment carried out by correctional facilities was transferred to the federal states as part of the 2006 federalism reform. Many states have made extensive use of this competence, such as Lower Saxony with the Lower Saxony Prison Act (NJVollzG). In addition to youth imprisonment pursuant to Sections 113 et seq. NJVollzG and pre-trial detention pursuant to Section 133 NJVollzG, the execution of custodial sentences is regulated in particular in a comprehensive manner. Section 5 NJVollzG sets the goals of imprisonment as the resocialization of the individual offender and the protection of the public from further offences, on an equal footing. The specific design of (Lower Saxony) imprisonment is guided by these requirements.
The role of the criminal defense lawyer in enforcement of sentences and imprisonment
Even after a conviction has become final, we can still realize a wide range of positive options for you within the framework of enforcement of sentences and imprisonment. Above all, you are entitled at any time to representation by legal counsel.
The law on enforcement of sentences generally covers all measures necessary to initiate and monitor the execution of the judgment.
By instructing us at an early stage with your defense in the context of enforcement, we can use our expertise and many years of experience to influence, to your benefit, both your sentence and the imposed ancillary consequences (e.g., the imposition of a driving ban as an ancillary penalty).
If you or a relative are in a correctional facility, we will obtain a precise picture of the specific situation by inspecting the files in the enforcement file and/or probation file or the prisoner’s personal file, thereby gaining a clear overview of the options for positively influencing your situation.
Especially toward the end of a prison term, questions regarding the remaining portion of the sentence become important. In this context, there are options to achieve a suspension of the remainder of the sentence on probation for you. We advise and represent you regarding possible suspensions of the remainder of the sentence at the halfway point or the two-thirds point.
We can often assist you even before you begin serving your sentence. At this stage, we can support you with the option of a (up to four-month) deferral of enforcement, an application for unfitness for detention, and the possibility of postponing a sentence for the purpose of drug therapy.
The term imprisonment refers to the execution of an imposed custodial sentence and preventive detention pursuant to Section 66 of the German Criminal Code (StGB) and is therefore particularly relevant to the question of when and how a deprivation of liberty takes place. It regulates the manner of incarceration; the rights and obligations of the incarcerated person can be defined, leave and enforcement relaxations can be made possible. In individual cases, it may also be possible to obtain a transfer to another correctional facility closer to your family.
Imprisonment regulates how the sentence is executed, for example whether the convicted person is granted leave or relaxations of detention. This also includes the prisoner’s rights and obligations within the correctional facility.
If you instruct us, we can inspect all files kept about you. If a detention plan is to be drawn up, we can attend the detention plan conference on your behalf—with the aim of ensuring comprehensive access to information.
In addition, we can assert your entitlements to treatment measures such as escorted leave, unescorted leave, work release, or vacation by filing the relevant applications, and we may also be able to help you obtain smaller amenities, such as receiving magazines or newspapers, or a radio or television set.
Enforcement of sentences and imprisonment do not mark the end of positive legal options—contact us if you are interested in individual advice and improving your situation.