Definition and significance of the execution of sentences
Die Execution of sentences refers in Germany to the procedure by which legally imposed criminal sanctions are enforced. It covers the entire process aimed at the implementation and realization of sanctions such as imprisonment, fines, ancillary penalties, and measures for rehabilitation and security. Execution of sentences is an independent subfield of criminal law and follows the completion of the main judicial proceedings and the finality of the judgment. Its goal is to realize the state’s right to impose penalties.
Legal basis of the execution of sentences
Legal basis
The execution of sentences is primarily governed by the law on the execution of sentences . Key statutes include:
- The German Criminal Code (StGB)
- The Code of Criminal Procedure (StPO), particularly Part Four (§§ 449 et seq. StPO)
- The Introductory Act to the Code of Criminal Procedure (EGStPO)
- Further special provisions, such as the Federal Central Register Act (BZRG), the Juvenile Courts Act (JGG), and state-specific regulations
In addition to these provisions, there are implementation acts of the federal states concerning the enforcement of imprisonment and the organization of the enforcement authorities.
Authorities and organization of the execution of sentences
Competent authorities
In Germany, the execution of sentences is primarily the responsibility of the public prosecutor’s offices. According to § 451 StPO, they are the enforcement authorities for sentences, ancillary consequences, and measures, in accordance with specific jurisdictional regulations. For certain types of sanctions, monetary penalties, or ancillary consequences, additional authorities are involved:
- The courts (particularly enforcement chambers)
- Penal institutions (for the enforcement of imprisonment)
- State enforcement authorities (for administrative offenses and fines)
- Juvenile court probation services and youth welfare offices (for juvenile sanctions)
In addition to administrative bodies, the police and probation services may also be involved in monitoring or supervision under certain circumstances.
Procedure of the execution of sentences
Initiation of the enforcement procedure
Once a judicial decision becomes final, the competent public prosecutor’s office reviews the prerequisites for enforcement. This includes, among other things:
- Existence of an enforceable judgment or penal order
- Establishment of enforceability (e.g., no pending appeal or revision)
- No obstacles to enforcement (such as statute of limitations, health-related reasons, amnesty)
The convicted person is usually informed in writing about the impending enforcement of the sentence.
Order of enforcement
The law prescribes a fixed order for the enforcement of multiple sanctions (§ 454a (2) StPO and § 43 StGB). As a rule, prison sentences are enforced before fines, ancillary penalties, and measures, unless a statutory exception applies.
Types of criminal sanctions and their enforcement
Imprisonment
Die Enforcement of imprisonment is a multi-stage process:
- Summons to start imprisonment: The prosecution notifies the convicted person in writing to report for imprisonment.
- Transfer to the penal institution: If the summons is not complied with voluntarily, compulsory escort can be ordered.
- Enforcement of custody and supervision: The Prison Act (StVollzG) and the respective state prison laws apply.
- Early release or suspension of the remaining sentence: Possible after a certain period according to §§ 57, 57a StGB
Special features
In the case of imprisonment with probation, there is no incarceration but judicial supervision with conditions.
Fine
Die Fine is enforced after a payment request. If payment is not made, the following options are available:
- Compulsory enforcement against assets (§ 459 StPO)
- Substitute imprisonment in the event of permanent inability to pay
The prosecution may approve installment payments or order a suspension of enforcement.
Measures of rehabilitation and security
This includes, among others, placement in a psychiatric hospital (§ 63 StGB), in a detoxification facility (§ 64 StGB), and preventive detention (§ 66 StGB). They are initiated by the prosecution and carried out by specialized enforcement institutions.
Ancillary penalties and consequences
These include forfeiture, driving bans, withdrawal of driving licenses, or occupational prohibitions (§§ 44-46 StGB). Seizure of instrumentalities and assets is also implemented as part of enforcement.
Legal protection and options for review
Legal remedies in enforcement proceedings
The convicted person has certain legal remedies against decisions of the prosecution within the enforcement procedure:
- Objection (§ 458 StPO)
- Complaint (§ 454 (3) StPO)
- Application for a judicial decision before the enforcement chamber (§ 458 StPO)
Judicial review
In particular, the enforcement chambers of the regional courts (according to §§ 462, 462a StPO) review the legality of official measures. This concerns decisions on suspensions, deferrals, or interruptions of enforcement, as well as issues of credit for time served.
Special issues in the execution of sentences
Postponement, interruption, and deferral
In certain cases, the execution of sentences can be postponed or interrupted upon application or ex officio, for example, due to serious illness, pregnancy, or social reasons (§ 455 StPO). Deferral due to unfitness for enforcement is also possible.
Enforcement of multiple sentences
If there are several final judgments against a person, the law regulates their aggregation and the sequence of enforcement (§ 53 StGB). The formation of a total sentence can take place before or during enforcement.
International execution of sentences
Das European Convention on the Transfer of Sentenced Persons as well as mutual legal assistance procedures allow for the enforcement of German sentences abroad and vice versa. Details are governed by the International Mutual Legal Assistance Act (IRG) and country-specific agreements.
Participants in the proceedings and their roles
The public prosecutor’s office in enforcement proceedings
The prosecution directs the execution of sentences, maintains the enforcement register, decides on the granting of payment relief, and monitors compliance with conditions and instructions.
The courts
The enforcement chambers decide in legally significant cases, especially regarding suspension of the remainder of a sentence and complaints against enforcement measures.
The enforcement authorities
The penal institutions implement custody, ensure the care of inmates, and administratively prepare measures such as prison leave or release.
Data protection and file inspection in enforcement proceedings
The execution of sentences requires strict compliance with data protection regulations. Authorized persons may apply for access to case files, with sensitive data being particularly protected (§§ 475 et seq. StPO, state data protection laws).
Relevance of the execution of sentences in the legal system
The execution of sentences is a fundamental part of the administration of justice. It serves the enforcement and realization of the state’s criminal claims and significantly contributes to the maintenance of legal peace, resocialization, as well as deterrence. Through the detailed regulatory framework and the involvement of various authorities, a lawful and orderly enforcement procedure is ensured.
See also:
Frequently Asked Questions
Who is responsible for the execution of sentences?
In Germany, the public prosecutor’s offices are generally responsible for the execution of sentences as enforcement authorities. According to § 451 of the Code of Criminal Procedure (StPO), it is their duty to enforce final sentences such as imprisonment, fines, or measures of rehabilitation and security. The actual enforcement—especially in the case of imprisonment—is carried out by the penal institutions of the respective federal states. The public prosecutors also decide on matters such as interruption, suspension, or aggregation of sentences. In the case of fines, if they are not paid voluntarily, enforcement is carried out using means of compulsory enforcement, such as account seizure or collection by bailiffs. For certain decisions—such as the suspension of a remainder of a sentence on probation (§ 454 StPO)—the competent court must be involved. Thus, the execution of sentences operates in close cooperation between judicial authorities and enforcement bodies.
What must be considered in the case of suspension of sentence on probation in enforcement proceedings?
Suspension of sentence on probation (§ 57 StGB) is an option to avoid serving a prison sentence in whole or in part under certain conditions. In enforcement proceedings, the competent court reviews, upon application by the convicted person or the public prosecutor, whether the legal requirements are met. This particularly includes an assessment of whether it can be expected that the convicted person will not commit further offenses in the future. Suspension of the remainder of a sentence can generally be applied for after serving two-thirds of the sentence; in exceptional cases, also earlier (half sentence). Before the decision, the court obtains reports from the penal institution, a statement from the prosecution, and, where necessary, expert opinions. If suspension is granted, it is subject to compliance with certain conditions and instructions (e.g., reporting requirements, therapy obligations, compensation for damages). If these conditions are violated, probation can be revoked and the remainder of the sentence enforced.
How are fines enforced?
Fines are enforced by the public prosecutor’s office as enforcement authority. After final conviction and delivery of the penal order or judgment, a payment order is sent to the convicted person. If payment is not made within the specified period, collection is carried out by means of compulsory enforcement, such as account or wage garnishment. If the fine still cannot be collected, the prosecution can order substitute imprisonment (§ 43 StGB): For each unpaid daily unit, one day of imprisonment must be served. The amount of daily units is determined by the offender’s financial circumstances and is set by the court in the judgment. Even after the beginning of imprisonment, it is possible to pay subsequently to avert further enforcement.
Can the service of a prison sentence be postponed?
A postponement of the execution of the sentence (suspension of execution) is possible in certain exceptional cases provided for by law (§ 456 StPO). Such a postponement may be granted, for example, for health reasons or in the case of significant personal or family emergencies. The application must be made in writing and substantiated, e.g., by medical certificates in the case of illness. The decision is made by the prosecution, in exceptional cases by the court. If a postponement is granted, it is usually for a limited period and subject to conditions (e.g., regular medical check-ups). A summons to imprisonment can also be suspended if there are important reasons and there is no risk to the enforcement of the state’s claim to punishment.
What participatory rights does the convicted person have in enforcement proceedings?
The convicted person has various participatory rights in enforcement proceedings. He or she is informed of key decisions, such as the commencement of imprisonment or the rejection of an application for probation, and may submit statements or applications (e.g., for suspension, remission, or suspension of the remainder of the sentence). In cases where judicial approval is required (e.g., suspension on probation or revocation of probation), a personal hearing regularly takes place (§ 454 StPO). Typically, the convicted person is also given the opportunity to comment prior to enforcement. Adverse decisions can generally be appealed to the competent court.
How is credit for pre-trial detention, extradition detention, or other deprivation of liberty handled in enforcement practice?
According to § 51 StGB, it must be determined during enforcement to what extent pre-trial detention, extradition detention, or other deprivation of liberty experienced prior to conviction is credited toward a subsequent prison sentence. Taking into account the duration of such detentions, the prosecution determines to what extent these periods are credited toward the imposed sentence and adjusts the starting date of imprisonment or the remaining sentence accordingly. The credit is generally calculated precisely by day. This credit must be documented in the enforcement records and is mandatory to avoid a violation of the convicted person’s rights.
What is the role of the pardon procedure in enforcement law?
The clemency procedure represents an extraordinary means of, in special individual cases, refraining from the enforcement of a sentence (in whole or in part) or mitigating it. Clemency decisions are acts of the executive branch and are not based on a legal entitlement, but rather on considerations of equity and humanitarian grounds. The decision is made by clemency authorities of the state justice administrations or by the Federal President, depending on the type of conviction or the criminal court. A petition for clemency can be submitted in writing by the convicted person themselves or by third parties (e.g., relatives). During an ongoing clemency procedure, enforcement may be temporarily suspended, with such deferrals being decided by the public prosecutor’s office or the court. However, the clemency procedure is not a “legal remedy” against judgments, but rather the last possible chance in exceptional circumstances.
