Suspension of Sentencing
Die Suspension of Sentencing is a term from German criminal procedure law. It refers to the court’s decision to initially postpone the final determination regarding the type and degree of penalty, in order to clarify any remaining doubts about guilt or about decisive circumstances for sentencing. The suspension of sentencing differs significantly from the suspension of sentence enforcement on probation and is strictly regulated in its legal framework.
Legal Basis
The suspension of sentencing is specifically regulated by law in the German Code of Criminal Procedure (StPO). The key provision for this is Section 265 Paragraph 4 StPO. Its purpose is to definitively clarify the accused’s criminal responsibility and all facts relevant to the decision before the judgment in criminal proceedings.
Section 265 (4) StPO
According to Section 265 (4) StPO, the court may, if there are still decisive facts to be clarified — for example, regarding the accused’s condition at the time of the offense or further facts concerning guilt and sentencing — limit the proceedings by judgment to the issue of guilt or the act and suspend sentencing. In such cases, this is also referred to as a so-called ‘partial judgment’.
Purpose of the Suspension of Sentencing
The suspension of sentencing is intended to ensure that no premature or legally erroneous decision is made regarding the sanction of the accused. It serves to protect the accused and uphold the principles of fair proceedings and substantive justice.The most important purposes at a glance:
- Prevention of a legally erroneous judgment when facts relevant to sentencing remain unclear
- Ensuring that the sentence is based on a complete and accurate factual basis
- Possibility to continue a commenced proceeding concerning sentencing without having to make new findings regarding the question of guilt
Cases of Application
Judicial practice recognizes various scenarios in which suspension of sentencing may be required:
1. Doubts regarding criminal responsibility
If, during the main hearing, there are doubts about the accused’s criminal responsibility, particularly regarding significantly diminished responsibility (Section 21 StGB) or lack of responsibility (Section 20 StGB), it may be necessary to clarify the issue of guilt and the prerequisites for sentencing in more detail. In such a case, a finding of fact with respect to the act itself (‘finding of guilt’) is made first; sentencing is suspended until the facts are clarified.
2. Uncertain prerequisites for sentencing framework adjustments
If the actual prerequisites for statutory mitigating or aggravating circumstances are not conclusively clarified, suspension of sentencing may also occur.
3. Subsequently occurring mitigating or aggravating circumstances
If, after conclusion of the main hearing but before judgment, circumstances arise that have a significant impact on sentencing (e.g., a comprehensive confession or new incriminating/exonerating evidence), sentencing may be suspended to examine this impact.
Procedure for Suspension of Sentencing
Process
- Identification of the fact to be clarified: The court recognizes that facts essential to sentencing are still unclear.
- Judgment on the issue of guilt or act: The court issues a partial judgment concerning the question of guilt.
- Suspension of the decision on sentencing: The decision regarding the type and amount of the penalty is postponed.
- Further clarification/collection of evidence: During the suspension phase, the still-missing facts are further clarified (e.g., by obtaining expert opinions).
- Subsequent sentencing: After completion of further factual investigation, the decision on the penalty is made in a separate main hearing.
Binding Effect
The finding regarding guilt reached in the first instance (for example by a Regional Court) is generally binding. In the subsequent determination of sentencing, only the facts relevant to sentencing are re-examined, but not the already established guilt.
Legal Significance and Distinction
Distinction from suspension of sentence enforcement on probation
The suspension of sentencing is limited to the question of when and under which conditions the decision on the penalty is made. If the court later makes use of the possibility of suspending a sentence on probation (§§ 56 et seq. StGB), this occurs at the end of the proceedings, after all circumstances have been clarified and a decision has been made regarding the penalty itself.
Distinction from acquittal and provisional discontinuation
In contrast to an acquittal, where the accused cannot be proven guilty of the offense or a justification applies, the suspension of sentencing means the question of guilt has already been decided. A difference to provisional discontinuation (§ 153a StPO) is that the proceeding is not terminated, but only procedurally interrupted with regard to the sentencing.
Legal Consequences and Effect in Appellate Proceedings
After the subsequent sentencing, the judgment is fully appealable in the appellate process. Remedies are available both against the previously decided finding of guilt and against the subsequent sentencing decision. The parties involved may file an appeal or lodge a complaint regarding both aspects.
Practical Examples
- In a case involving bodily injury resulting in death, where initially the offender’s mental competence is in doubt, the criminal chamber may first only establish that the accused committed the offense, and suspend the actual sentencing until, for example, a psychiatric report is available.
- If, during a fraud trial, it becomes apparent that further evidence must be gathered regarding the amount of damages, and thus the sentencing, sentencing may be suspended.
Conclusion
The suspension of sentencing is an essential instrument of German criminal procedure and serves to ensure lawful and equitable sentencing. It guarantees that the court issues its decision only when the facts have been fully and completely clarified. As a result of the strict legal requirements and the binding legal effects, the application of this procedural step is clearly regulated and subject to rigorous review by the higher courts.
See also:
- Sentencing
- Code of Criminal Procedure (StPO)
- Partial judgment in criminal proceedings
- Binding effect in criminal proceedings
Reference literature: Meyer-Goßner/Schmitt, Strafprozessordnung, 66th edition, § 265 mn. 41 et seq.
Fischer, Strafgesetzbuch, 71st edition, § 21 mn. 38d.
Kleinknecht/Meyer-Goßner, StPO, § 265 mn. 51.
Frequently Asked Questions
What requirements must be met for the suspension of sentencing?
Suspension of sentencing requires the presence of certain legal prerequisites, which must be examined in each individual case. The decisive factor is whether the legal situation at the time of judgment was unclear, whether there are serious doubts regarding guilt or sentencing, or whether new facts or evidence have arisen that could lead to a more lenient judgment. Suspension is also often discussed in connection with referral to a higher court or in cases where an appeal is likely to succeed. It is always essential that the legal uncertainty or the unclear factual situation is so serious that, despite the determination of guilt, a final sentencing decision is not possible or not appropriate. The court’s decision to suspend is made in its discretion, with particular attention to the legally enshrined principle of guilt and fair proceedings.
In what cases can a court suspend sentencing?
Suspension of sentencing is particularly considered in scenarios in which, for example, an objection procedure in a summary penalty order is still pending or in cases of a permissible leap revision, in which doubts already exist regarding the assessment of facts or their legal classification. A suspension of sentencing can also occur when the decision on the merits is dependent on a preliminary issue to be clarified, such as when constitutional complaints are pending or a decision by a higher court (such as the Federal Court of Justice) must be awaited. Suspension is also common if it is anticipated that, after a judgment, further findings from related investigative or criminal proceedings could influence the assessment.
How does the suspension of sentencing affect the proceedings?
By suspending, the proceedings concerning the concrete sentencing are brought to a standstill or interrupted, meaning that no final decision is made about the sentence or type of sanction. However, this usually only affects the sentencing itself, while findings regarding guilt may have already been made and remain in effect. The purpose of suspension is to avoid potentially erroneous or hasty penal sanctions until the outstanding aspects have been conclusively clarified. The proceedings thus remain pending, with the court regularly checking whether the reason for suspension still exists or whether a final decision is now possible.
Can a defendant appeal the suspension of sentencing?
Whether and to what extent remedies are available against the suspension of sentencing depends on the stage of the proceedings and the affected legal interests. Since suspension usually constitutes a procedural order or decision, it is generally not independently appealable by revision or complaint, but only together with the final judgment. In exceptional cases, however, an application for continuation of the proceedings or a complaint may be admissible in the event of abuse of discretion or legal violations, which must be examined in more detail according to the respective procedural rules — for example, the Code of Criminal Procedure (StPO).
What are the consequences of an erroneous suspension of sentencing?
An unlawful or unjustified suspension of sentencing can have significant procedural and substantive effects. On the one hand, it could delay the legal process for the affected individual; on the other, there is a risk of limitation or unfair proceedings. If a revision or complaint is based on this, the higher court may overturn the erroneous suspension and order continuation of the criminal proceedings, or — in case of significant breaches of procedure — even discontinue the proceedings or annul the entire judgment. Judicial review is particularly required if serious constitutional rights violations are at issue.
How long can the suspension of sentencing last?
The duration of the suspension is not rigidly prescribed by law and depends on the circumstances of each individual case. The requirements of expediting the proceedings and fair criminal process are decisive. As soon as the reasons for suspension — for example, a pending decision by another court or the emergence of new evidence — cease to exist, the court must resume the interrupted hearing or judgment and render a sentencing decision. The court is required to regularly verify whether the conditions for further suspension still exist and, if necessary, to take its own measures to expedite the process. Unreasonably prolonged suspensions may violate the requirement of expedition and give rise to the parties’ claims for legal protection.
What role do new pieces of evidence play in the suspension of sentencing?
New evidence or facts which have become known subsequently and are significant for determining guilt or sentencing are classic grounds for suspension. Particularly when such evidence is capable of fundamentally changing findings regarding the perpetrator’s conduct, sentencing aspects, or the legal assessment, sentencing must not be finalized until the new information has been fully examined and evaluated. Further waiting is especially indicated if the gathering of evidence is expected shortly or it is foreseeable that these circumstances could have a significant impact on the legal outcome. Here, too, the principle of substantive truth and comprehensive clarification of facts applies as the guiding concept.
