Can someone get parole for a crime?
- Supervision of conduct - - Criminal Code (StGB)
Third section legal consequences of the act
Sixth title: Measures for improvement and security
- Leadership Supervision -
Section 68 Prerequisites for supervision of conduct
(1) If someone has forfeited an early imprisonment of at least six months for a criminal offense for which the law specifically provides for supervision of conduct, the court may order supervision of conduct in addition to the penalty if there is a risk that he will commit further offenses.
(2) The provisions on conduct supervision by law (Sections 67b, 67c, 67d Paragraphs 2 to 6 and Section 68f) remain unaffected.
Section 68a supervisory body, probation service, forensic ambulance
(1) The convicted person is subject to a supervisory body; the court will appoint a probation officer for the duration of the supervision.
(2) The probation officer and the supervisory body shall, by mutual agreement, assist and support the convicted person.
(3) The supervisory body, in agreement with the court and with the support of the probation officer, monitors the conduct of the convicted person and compliance with the instructions.
(4) If there is no agreement between the supervisory body and the probation officer on issues relating to assistance for the convicted person and their care, the court shall decide.
(5) The court may issue instructions to the supervisory body and the probation officer for their activities.
(6) Before submitting an application pursuant to Section 145a sentence 2, the supervisory body hears the probation officer; Paragraph 4 does not apply.
(7) 1If an instruction is issued in accordance with Section 68b, Paragraph 2, Clauses 2 and 3, the forensic outpatient clinic shall also provide the convicted person with assistance and support, in agreement with those named in Paragraph 2. 2In addition, paragraphs 3 and 6 also apply to the forensic outpatient clinic, insofar as they concern the position of the probation officer.
(8) 1The employees of the forensic outpatient department named in paragraph 1 and the employees of the forensic outpatient department named in § 203 paragraph 1 numbers 1, 2 and 6 have third-party secrets that have been entrusted to them or otherwise become known within the framework of the relationship protected by § 203 to the extent necessary to help the convicted person avoid reoffending. 2In addition, the employees of the forensic outpatient department named in Section 203 (1) numbers 1, 2 and 6 must disclose such secrets to the supervisory body and the court, insofar as they believe
- this is necessary in order to monitor whether the convicted person complies with an instruction according to § 68b para. 1 sentence 1 no.11 or takes part in a treatment within the scope of an instruction according to § 68b para. 2 sentences 2 and 3,
- the behavior or the condition of the convicted person makes measures under Section 67g, Section 67h or Section 68c Paragraph 2 or Paragraph 3 appear necessary, or
- this is necessary to avert a significant current danger to life, physical integrity, personal freedom or the sexual self-determination of third parties.
Section 68b Instructions
(1) 1The court may order the convicted person for the duration of the supervision of conduct or for a shorter period of time,
- not to leave the place of residence or residence or a certain area without the permission of the supervisory body,
- not to be in certain places that could offer her the opportunity or incentive to commit further criminal offenses,
- not to make contact with the injured person or certain persons or persons of a certain group who may offer them the opportunity or incentive to commit further criminal offenses, not to associate with them, not to employ them, to train them or to accommodate them,
- not to carry out certain activities which, under the circumstances, could misuse them for criminal offenses,
- not possessing, keeping or keeping certain items that could offer them an opportunity or an incentive to commit further criminal offenses,
- Not to keep or drive motor vehicles or certain types of motor vehicles or other vehicles which, under the circumstances, could misuse them for criminal offenses,
- to report to the supervisory authority, a specific office or the probation officer at certain times,
- to notify the supervisory body immediately of any change of residence or job,
- in the event of unemployment to report to the responsible employment agency or another agency approved for employment services,
- not to consume alcoholic beverages or other intoxicating substances if, based on certain facts, there are reasons to assume that the consumption of such substances will contribute to the commission of further criminal offenses, and to undergo alcohol or addictive substance controls that are not connected with a physical intervention are,
- to present yourself to a doctor, a psychotherapist or a forensic outpatient clinic at certain times or at certain intervals, or
- to keep the technical means necessary for an electronic monitoring of your whereabouts in an operational state with you at all times and not to impair their functionality.
- the supervision of conduct occurred due to the full execution of a prison sentence or total imprisonment of at least three years or due to a completed measure,
- imprisonment or total imprisonment or detention was imposed or ordered for one or more offenses of the type specified in Section 66 (3) sentence 1,
- there is a risk that the convicted person will commit further offenses of the type specified in Section 66 (3) sentence 1, and
- the instruction appears necessary to prevent the convicted person from committing further offenses in accordance with section 463a paragraph 4 sentence 2 of the Code of Criminal Procedure, in particular by monitoring compliance with an instruction imposed under sentence 1 number 1 or 2 Paragraph 3 sentence 1 to be held.
(2) 1The court can issue further instructions to the convicted person for the duration of the supervision of conduct or for a shorter period of time, in particular those relating to training, work, leisure time, the order of economic circumstances or the fulfillment of maintenance obligations. In particular, the court can order the convicted person to receive psychiatric, psychotherapeutic or socio-therapeutic care and treatment (therapeutic instruction). 3The care and treatment can be provided by a forensic outpatient clinic. 4§ 56c (3) applies accordingly, also to instructions to undergo alcohol or addictive substance controls that are associated with physical interventions.
(3) The instructions must not place unreasonable demands on the condemned person's conduct of life.
(4) If an already existing supervision pursuant to Section 68e, Paragraph 1, Clause 1, No. 3 ends with the commencement of supervision, the court must also include the instructions in its decision that were issued within the framework of the earlier supervision.
(5) Insofar as the convicted person is not cared for by a forensic outpatient clinic in the cases of Paragraph 1 No. 11 or their treatment in the cases of Paragraph 2, Section 68a Paragraph 8 shall apply accordingly.
Section 68c Duration of supervision
(1) 1The supervision of conduct lasts at least two and a maximum of five years. 2The court can shorten the maximum duration.
(2) 1The court can order an indefinite supervision of conduct that exceeds the maximum duration according to paragraph 1 sentence 1 if the convicted person
- does not consent to an instruction pursuant to Section 56c Paragraph 3 No. 1 or
- an instruction to undergo therapeutic treatment or an addiction treatment, or does not comply with a therapy instruction
(3) 1The court may extend the supervision of conduct beyond the maximum duration according to paragraph 1 sentence 1 indefinitely if
- In cases of suspension of placement in a psychiatric hospital according to Section 67d (2) due to certain facts, there are reasons to believe that the convicted person will otherwise soon be in a state according to Section 20 or Section 21, as a result of which the general public will be endangered the commission of further significant illegal acts is to be feared, or
- concrete indications arise from the violation of instructions pursuant to Section 68b paragraph 1 or 2 or on the basis of other specific facts that a risk to the general public is to be feared from the commission of further serious criminal offenses, and
- a prison sentence or total imprisonment of more than two years has been imposed on the convicted person for criminal offenses of the type mentioned in Section 181b, or placement in a psychiatric hospital or in a rehab facility has been ordered, or
- the supervision of conduct has occurred under the conditions of section 68b paragraph 1 sentence 3 number 1 and also the imprisonment or total imprisonment or detention for one or more crimes against life, physical integrity, personal freedom or according to sections 250, 251 has been imposed or ordered in connection with Section 252 or Section 255.
(4) 1In the cases of Section 68 (1), the supervision of conduct begins with the legal force of its order, in the cases of Section 67b (2), Section 67c (1) sentence 1 and (2) sentence 4 and Section 67d (2) Sentence 3 when the suspension decision becomes final or at a later point in time ordered by the court. 2The time in which the convicted person is on the run, is in hiding or is kept in an institution by order of the authorities is not included in their duration.
Section 68d Subsequent decisions; Review period
(1) The court can also retrospectively make, change or revoke decisions pursuant to Section 68a Paragraphs 1 and 5, Sections 68b and 68c Paragraph 1 Clause 2 and Paragraphs 2 and 3.
(2) 1In the case of an instruction pursuant to Section 68b Paragraph 1 Clause 1 Number 12, the court shall examine whether it should be revoked within two years at the latest. 2§ 67e Paragraphs 3 and 4 apply accordingly.
Section 68e Termination or suspension of supervision
(1) 1Insofar as it has not occurred indefinitely or after a custodial measure has been suspended (Section 67b, Paragraph 2, Section 67c, Paragraph 1, Clause 1, Paragraph 2, Clause 4, Section 67d, Paragraph 2, Clause 3), supervision of conduct ends
- with the beginning of the execution of a custodial measure,
- with the beginning of the execution of a custodial sentence in addition to which a custodial measure is ordered,
- with the entry of a new management supervisor.
(2) 1The court cancels the supervision of conduct if it is to be expected that the convicted person will not commit any more criminal offenses even without them. 2The cancellation is permitted at the earliest after the statutory minimum period has expired. 3The court can set deadlines of a maximum of six months, before the expiry of which an application for revocation of supervision is inadmissible.
(3) 1If there is unlimited supervision, the court examines it
- in the cases of Section 68c (2) sentence 1 at the latest when the maximum period under Section 68c (1) sentence 1 has expired,
- in the cases of Section 68c (3) before two years have elapsed,
Section 68f Supervision of conduct if the remainder of the sentence is not suspended
(1) 1If a custodial sentence or total custodial sentence of at least two years for deliberate criminal offenses or a custodial sentence or total custodial sentence of at least one year for criminal offenses of the type specified in Section 181b has been fully enforced, supervision will commence when the convicted person is released from prison. 2This does not apply if, following the serving of the sentence, a custodial measure of reform and security is carried out.
(2) If it is to be expected that the convicted person will not commit any further criminal offenses even without supervision, the court shall order that the measure be waived.
Section 68g Supervision of conduct and suspension on probation
(1) 1If the suspension of sentence or suspension of the remainder of the sentence is ordered or the professional ban is suspended on probation and the convicted person is simultaneously under supervision for the same or another offense, only Sections 68a and 68b apply to supervision and the issuing of instructions. 2 The supervision of conduct does not end before the probation period has expired.
(2) 1If suspension of probation and supervision of conduct have been ordered on the basis of the same act, the court may, however, determine that supervision of conduct be suspended until the probationary period has expired. The probation period is then not included in the duration of supervision.
(3) 1If the sentence or the remainder of the sentence is waived after the probationary period has expired, or if the prohibition of the profession is declared to be over, this also ends the supervision of conduct ordered because of the same offense. 2This does not apply if the supervision of conduct is unlimited (Section 68c, Paragraph 2, Clause 1 or Paragraph 3).
Link to this site: https://www.buzer.de/gesetz/6165/b25587.htm Keywords: criminal law
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