Definition and Meaning of Release on Parole
Die Release on Parole is an important legal term in the German penal system. It allows a convicted person to be released early from custody after serving part of a prison sentence, provided a favorable social prognosis can be made. The aim of release on parole is to facilitate the transition between imprisonment and reintegration into society and to prevent recidivism.
Legal Basis
Criminal Code (StGB)
The statutory regulation of release on parole is primarily found in Sections 57 to 58b of the Criminal Code (StGB). The provisions distinguish between prison sentences of up to two years, over two years, and life imprisonment.
Code of Criminal Procedure Execution (StVollstrO) and Courts Constitution Act (GVG)
Further provisions can be found in the Code of Criminal Procedure Execution (StVollstrO), in particular regarding procedural issues and the supervision of the released person. Jurisdiction of the Penal Execution Chambers is governed by the Courts Constitution Act (GVG).
Requirements for Release on Parole
General Requirements (§ 57 StGB)
A basic prerequisite for a release on parole is that the convicted person has served at least half of the imposed prison sentence, and in any case at least six months. Different periods apply for life sentences and certain forms of juvenile criminal law.
Parole may be granted if
- it is expected that the convicted person will not commit any further offenses in the future (positive social prognosis),
- the release appears justifiable considering the public safety interest,
- and the aim of sentencing is not jeopardized by early release from custody.
Special Requirements for Life Imprisonment (§ 57a StGB)
For life imprisonment, release on parole is generally possible at the earliest after 15 years. Here too, a favorable prognosis is absolutely necessary. The court thoroughly examines whether special reasons exist that preclude early release.
Grounds for Exclusion
Release on parole is not considered if serious reasons oppose it, such as continued dangerousness of the individual concerned or serious violations of prison regulations during imprisonment.
Procedure for Release on Parole
Application Procedure
The release procedure may be initiated upon application by the convicted person, the correctional authority, or ex officio. The responsible penal execution chamber decides on the application in a court procedure. The public prosecutor’s office, the correctional facility, and the convicted person are heard.
Judicial Decision
The court comprehensively examines the requirements for prognosis; if doubts cannot be dispelled, release on parole is generally to be denied. In unclear cases, a probation officer or expert opinion may be consulted. The decision is binding on the correctional authorities.
Legal Consequences of Release on Parole
Probation Period and Conditions
The probation period is between two and five years (§ 56a StGB for sentences up to two years, for longer sentences at the discretion of the judge). During this time, the court may impose conditions and directives, such as undertaking education or training, avoiding certain persons or places, or payment of compensation to victims. Compliance with these conditions is monitored.
Supervision and Support
As a rule, the released person is assigned a probation officer who assists with reintegration and submits regular reports to the court. Supervision serves to protect the general public and support the released person.
Revocation of Parole
Grounds for Revocation of Parole (§ 56f StGB)
The court may revoke parole if
- subsequent circumstances become known that justify an unfavorable social prognosis,
- the person grossly or repeatedly violates conditions or directives,
- or a new criminal offense of considerable significance is committed during the probation period.
In the event of revocation, the originally suspended remainder of the sentence must be served, i.e., the person must commence the outstanding prison sentence.
Legal Protection and Remedies
An appeal procedure is possible against the decision of the Penal Execution Chamber regarding release on parole (§ 454 (3) StPO). The Higher Regional Court is responsible. The appeal may be filed by both the affected person and the public prosecutor’s office.
Special Provisions in Juvenile Criminal Law
Release on parole is also provided for in juvenile criminal law under § 88 JGG. Here, particular emphasis is placed on the development and education of the juvenile as well as the possibilities for reintegration into society. The requirements for the social prognosis are lower in juvenile criminal law than in adult criminal law.
International Comparisons
The concept of release on parole exists in a similar form in many legal systems. It is known under various terms, such as parole in Anglo-American law. The aim is always early release in the case of positive development and the reintegration into society.
Significance in Practice
Release on parole is a central mechanism in the German penal system. It fulfills both preventive and rehabilitative functions and relieves the correctional institutions. Granting parole represents a balanced means between public safety and promoting reintegration.
This detailed presentation of the term “release on parole” provides a comprehensive overview of the legal requirements, procedures, legal consequences, special features, and significance for German correctional law.
Frequently Asked Questions
What are the requirements for release on parole?
Release on parole requires that the prisoner has served a legally determined part of their sentence. In the case of determinate sentences, at least half must generally be served (§ 57 para. 1 StGB), whereby for first-time inmates, review often takes place after two thirds of the sentence. Other essential requirements include a favorable social prognosis (§ 57 para. 1 no. 2 StGB), meaning it must be expected, taking into account the personality of the convicted person, their previous life, circumstances of the offense, behavior in custody, and living conditions, that they will not commit further offenses. The objectives of the sentence must also be largely achieved. For life imprisonment, § 57a StGB requires a minimum term of 15 years, and special conditions must also be met, especially a favorable social prognosis and no particularly serious culpability. The decision is made by the court after a detailed hearing of the prisoner, the correctional institution, and, if appropriate, the public prosecutor’s office.
Who decides on release on parole and how does the procedure work?
The decision on release on parole is made by the competent penal execution chamber, which is the chamber attached to the regional court in whose district the correctional facility is located. The procedure typically begins with an application from the prisoner or a suggestion from the correctional facility. During the process, the penal chamber seeks various statements, including those from the prison administration, the social services, the supervision authority, and if necessary, the probation officer. The public prosecutor is also involved and can raise concerns. The prisoner is heard and can be represented by a defense lawyer. The chamber decides by order and must thoroughly verify whether all statutory requirements are met and whether special security requirements are necessary. The decision can be contested by an appeal or immediate appeal.
What parole conditions and directives can be imposed upon release on parole?
In the context of release on parole, the court can impose various conditions and directives on the convicted person. These measures serve to support and supervise during the probation period and aim for reintegration as well as the protection of the community. Typical directives may include obtaining employment, residing at a particular location, contact with a probation service, a ban on alcohol, or prohibition of contact with certain individuals (§ 56c StGB). Furthermore, special conditions such as restitution, payments to charitable organizations, or fulfilling maintenance obligations may be imposed. If these conditions and directives are not complied with, revocation of probation and serving the remainder of the sentence in a correctional facility may result.
How long does the probation period last after release on parole?
The court determines the length of the probation period in its decision. According to § 57 para. 5 StGB, this is between two and five years; in special cases, it can be set for longer. The exact duration depends on the individual prognosis, the gravity of the offense, the living conditions of the offender, and the need for reintegration. During the probation period, the released person is usually supervised and guided by a probation officer. The period can be shortened upon application or ex officio, if the convicted person proves themselves and there is no longer any reason for supervision.
When can parole be revoked?
Revocation of parole is regulated in § 56f StGB and occurs if the person commits a new offense during the probation period or persistently violates conditions and directives. Revocation is also possible if it subsequently becomes apparent that the statutory requirements for suspension of the sentence were mistakenly assumed at the time of the decision. The competent court examines in each case whether minor violations can possibly be dealt with by stricter conditions or longer probation periods, or whether revocation is necessary. After revocation, the convicted person must serve the remainder of the original sentence.
Is there a legal entitlement to release on parole?
A legal entitlement to release on parole exists only if all statutory requirements are demonstrably met. This particularly concerns the minimum sentence served and positive social prognosis. Even if the formal requirements are met, the final decision lies within the discretion of the court, which must comprehensively weigh all circumstances. There is therefore no automatism or mandatory entitlement to parole. Negative decisions must be formally justified and can be challenged by immediate appeal.
What role does the public prosecutor’s office play in release on parole?
The public prosecutor’s office must be involved in the parole procedure. It is granted access to the files, provides a statement, and can approve or object to suspension on probation. Its statement must be considered by the penal chamber; however, the court is not bound by the view of the public prosecutor. If the chamber refuses parole, the public prosecutor’s office can also file an appeal. The involvement of the public prosecutor serves to protect the public interest and ensure legal certainty in the proceedings.
