Early release from prison sentences
Die early release from prison sentences refers to the possibility that a prisoner may leave prison before the originally imposed sentence has been fully served. This legal institution is primarily governed in Germany by Section 57 of the German Criminal Code (StGB) and is applied under certain legal requirements. The release, if granted, generally occurs subject to conditions and probation. The aim of this regulation is to promote resocialization and a gradual reintegration into society.
Legal basis
Sections 57, 57a and 57b of the German Criminal Code (StGB)
The most important legal basis is Section 57 StGB, which regulates early suspension of the remainder of a determinate sentence on probation. For life sentences, Section 57a StGB applies, while Section 57b StGB covers the possibility of suspension also for placement in a rehabilitation facility.
State prison laws
In addition to the StGB, the respective prison laws of the federal states must also be observed. These concretize the procedures for preparing and conducting early release.
Requirements for early release
Two-thirds rule and special circumstances
According to Section 57(1) StGB, a convicted person can generally be released after serving two thirds of the imposed sentence, if:
- two thirds of the sentence, but at least two months, have been served,
- further enforcement is not required to defend the legal order,
- release can be justified taking into account personal development, the offense committed, and social prognosis, and
- the prisoner consents.
Release after serving half the sentence is only possible if there are additional special reasons justifying a more favorable prognosis.
Life imprisonment
According to Section 57a StGB, for a life imprisonment sentence, the remainder may generally be suspended on probation after 15 years, unless a particular severity of guilt has been found or security interests oppose such release.
Detention under measures (§ 67c, § 67d StGB) and other cases
For placements under Sections 63, 64 StGB (e.g., psychiatric or addiction treatment institutions), differing rules apply. The requirements and time limits may vary depending on the measure.
Decision-making process and involved authorities
Application and initiation of proceedings
Early release can be applied for in writing by the prison administration (correctional facility), the sentence enforcement chamber, or the prisoner themself after consultation with the social service. The sentence enforcement chamber at the regional court is responsible for deciding on the suspension of the remainder of the sentence.
Examination procedure
The decision is made on the basis of extensive documents, assessments from the support service, expert prognosis opinions, reports from the correctional facility, as well as, if applicable, statements from the public prosecutor’s office and private accusers.
A personal hearing of the prisoner and, if necessary, expert opinions are central components of the decision-making process. Victims of the crime may be heard as part of the victim participation procedure.
Legal consequences of early release
Probation period and conditions
The suspension of the sentence’s remainder is always granted subject to a probation period, the duration of which is set by the court (§ 56a StGB). During this time, the released person must comply with various conditions and instructions. These may involve payments, therapies, contact bans, or reporting requirements.
Probation supervision
Supervision is carried out by a probation officer. This supports the resocialization process and ensures compliance with instructions and conditions.
Revocation of probation
If there is renewed criminal conduct or a violation of conditions, the court may revoke probation so that the remaining sentence is enforced (§ 56f StGB).
Grounds for exclusion and denial
There is no entitlement to early release. The court must examine the development of the convicted person, their future social behavior, and any potential risks to the public. Reasons for denial include, for example:
- unfavorable social prognosis,
- lack of remorse,
- repeated disciplinary offenses during imprisonment,
- acute risk of reoffending.
In cases of the most severe crimes, particularly in terrorist or sexual offenses, suspension is subject to especially strict scrutiny.
International comparisons and special aspects
Comparable regulations for conditional or early release exist in nearly all European legal systems, though with partially differing time frames and requirements.
Criticism and reform debates
There are ongoing legal and socio-political debates about the appropriateness of the requirements and the effectiveness of early release in achieving resocialization objectives, victim protection, and safety.
Summary
Early release from prison sentences is a significant legal instrument for facilitating the reintegration of offenders into social life. It is subject to numerous legal prerequisites, court examinations, and conditions. Balancing the aim of resocialization and protection of the public is at the heart of every individual decision.
Frequently asked questions
Under what conditions can early release from prison sentences be granted?
Early release from prison sentences, also known as suspension of sentence on probation, is in principle possible under certain conditions according to Section 57 StGB. Generally, at least half of the imposed sentence must have been served, with a minimum period of 15 years for a life sentence as stipulated by Section 57a StGB in special cases. The most important prerequisite is a positive legal prognosis: After a comprehensive assessment of the convicted person, their background, the offense, and the sentence served, the court must be convinced that there is no danger of reoffending during the probation period. Furthermore, conduct during imprisonment, efforts towards victim compensation, preparations for release, and securing accommodation and, if applicable, employment are relevant factors. For particularly grave crimes, there are statutory restrictions and extended waiting periods.
Who decides on early release from prison sentences?
The decision on early release is made by the competent enforcement court. This is usually based on an application by the convicted person or, in certain cases, ex officio. During the proceedings, the correctional facility is consulted and regularly provides a statement regarding the person and the course of their imprisonment. The court then obtains further information, for example from probation officers, social workers, or experts. The final court decision is made by a so-called sentence enforcement judge in writing or after an oral hearing and may be appealed by both the public prosecutor’s office as the enforcement authority and the convicted person.
Are there offenses for which early release is excluded?
Yes, for certain crimes and scenarios, the law and case law stipulate either the exclusion or significant difficulty of early release. In particular, preventive detention, sexual offenses, terrorist crimes, or most serious capital crimes (such as murder) are subject to special procedural and substantive barriers. In the case of life imprisonment, the minimum serving period of 15 years must also be observed (§ 57a StGB). In individual cases, however, the court may allow probation after considering the specific circumstances, particularly when special reasons are present. In the case of repeat offenders or dangerous recidivists, statutory limits are especially strict.
How does the probation process proceed after early release from custody?
If a prison sentence is suspended on probation, the released person is placed under the supervision and guidance of a probation officer who supports and monitors them. The court may impose conditions according to §§ 56c and 56d StGB (e.g., residence requirements, employment, contact bans, therapy obligations). The probation period depends on the remaining sentence but must not exceed five years. During probation, the released person must strictly comply with all conditions and refrain from committing further offenses. In the event of violations, the so-called revocation of probation may occur; in such cases, the court may order enforcement of the remaining sentence.
What role does the social prognosis play in the decision?
The social prognosis is the central criterion for deciding on early release from custody. It assesses the likely future development of the convicted person and answers whether renewed offenses are to be expected. This involves evaluating the previous and future social environment, personal maturity, behavior during imprisonment, integration in professional, familial, and social structures, and the approach to or distance from prior crime opportunities. The prognosis can be supplemented by expert opinions or statements from social workers and probation officers.
What time frames and application options exist for early release?
An application for early release may be submitted only after the expiration of the legally prescribed minimum period of imprisonment. If such an application is denied, a new application may be made at the earliest after six months (§ 454(6) StPO). The application should usually provide reasons and include all relevant circumstances that could support a positive decision. In addition to the convicted person, authorized representatives or defense counsel may also act on their behalf. However, the court is also authorized to act ex officio if an opportunity for release appears likely.
What legal remedies are available against a negative decision?
A negative decision regarding early release can be immediately appealed according to § 462(3) StPO. The appeal must be filed in writing or recorded at the court within one week after notification of the decision. The appeal is then decided by the regional court, usually in a sentence enforcement chamber with at least two judges. Further review is possible, under certain circumstances, by the Higher Regional Court if serious procedural errors exist or new facts are presented.
