How easy it is to break probation
What does a suspended sentence mean?
Many convicts are happy to receive a suspended sentence. It means that they don't have to serve their sentence in a correctional facility, but can live in freedom. But a suspended sentence is not an acquittal. Rather, it is an “outpatient” execution of sentences.
Who will get parole?
A suspension of the prison sentence on probation is only possible in the case of prison sentences of up to two years. If the court pronounces a higher prison sentence, probation is not possible. Around three quarters of all prison sentences that do not exceed two years are suspended on probation.
The judge decides at his own discretion whether a prison sentence can be suspended. Often the aim of agreements in criminal proceedings is to agree on a suspended sentence with the court and public prosecutor in advance of the trial.
The judge draws up a social prognosis, which is about the future development of the offender. The judge can only suspend a sentence if it is probable that the perpetrator will not commit any further offenses in the future without the influence of the prison system. When making a prognosis, the judge primarily takes into account the personality of the offender, his previous life (especially previous convictions), the circumstances of the offense and the living conditions of the offender.
It is particularly favorable for the perpetrator if he lives in solid circumstances, i.e. has a permanent home and work and has stable family connections. It always depends on the overall assessment of all circumstances. It can also be important whether the perpetrator made good the damage caused by the crime.
Probation can also be considered, for example, if the perpetrator has no previous conviction and the judge assumes that the perpetrator has had a one-off derailment.
Probation, on the other hand, is very rare if a perpetrator has already violated the conditions of probation several times or has even committed the new offense during an ongoing probation.
It is one of the tasks of defense lawyers to create facts at an early stage that favor a positive social prognosis. This can be, for example, a so-called perpetrator-victim compensation, i.e. an agreement with the victim of a crime who receives compensation for the consequences suffered. In criminal tax proceedings, the settlement of any tax debts for the determination of the penalty - and thus in borderline cases also for the probation - plays a decisive role.
What does theProbation period?
The court sets a specific probation period in the judgment. The probation period has nothing to do with the length of the prison sentence. This means that, for example, if a prison sentence of one year is suspended on probation, a probation period of two years or more can be specified. During the duration of the probationary period, a check is carried out to determine whether the convict deserves to be suspended. During this time he has to behave with impunity and to adhere to conditions and instructions. The probation period is a minimum of two and a maximum of five years. It can be extended retrospectively by the court.
Whichpads can be imposed for the duration of the probationary period?
Usually "noticeable" consequences are imposed on probation (in addition to reporting requirements). These are mostly monetary requirements. In individual cases, for example, work requirements can also be imposed or a special obligation to make reparation for damages imposed.
A possible condition during the probationary period is, in particular, the payment of a sum of money. The instruction can be used to make amends (for example, compensation for damages or compensation for pain and suffering) or for the benefit of non-profit institutions or the state treasury. A condition can also be the performance of charitable work (for example in old people's homes, hospitals, animal homes and for environmental protection).
WhichInstructions can be imposed for the duration of the probationary period?
The law provides a large number of possible instructions for the duration of the probationary period.
An obligation to report can be imposed on the convicted person, which means that he must report to the court or another body at certain times.
The court can issue orders that relate to residence, training, work or leisure time or the order of the economic situation. Often it is ordered that the convict without income try to take up a job or an apprenticeship.
The convicted person can also be banned from contact with certain people or groups of people if they have a bad influence on him. The court can also order that the perpetrator does not own certain items, does not have them with him and does not allow another person to keep them for him. This applies in particular to objects such as weapons, weapon-like objects, thief tools or objects that are used for drug consumption.
The court can also order the convicted person to meet his or her maintenance obligations.
Who will get oneProbation officer?
A probation officer can be assigned to the convicted person for the period of probation. This is particularly appropriate if the prison sentence is more than nine months and the convicted person is not yet 27 years old. The probation officer has the task of supporting the convicted person during the probation phase, in particular when complying with requirements and instructions.
Can suspension on parolewithdraw become?
The suspension on probation can be revoked by the court. A revocation occurs if a criminal offense is committed during the probation period or conditions and instructions are persistently violated.
If the suspension of probation is revoked, the convicted person must serve the prison sentence.
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