In brief

A suspended sentence means a prison term does not have to be served. In return there is a probation period of two to five years, usually with conditions. Breaking them or reoffending risks revocation.

Section 56 StGB has three tiers. Up to one year, the court suspends the sentence where the prognosis is favourable, meaning the conviction itself can be expected to serve as a warning. Between one and two years suspension is possible, but special circumstances in the offence or the person are also required (subsection 2). From six months upwards it may be refused where the defence of the legal order requires enforcement (subsection 3). Above two years there is no suspension.

The prognosis rests on personality, previous history, the circumstances of the offence, conduct afterwards and living conditions. These are not formulas but facts that must be presented: an employment contract, a place in therapy, stable housing, compensation already under way.

What comes with probation

The probation period runs from two to five years (Section 56a StGB). The court may impose conditions, such as a payment to a charity or community service (Section 56b StGB), and directions, such as therapy, a contact ban or supervision by a probation officer (Sections 56c and 56d StGB).

Suspension is revoked under Section 56f StGB if a new offence committed during the period shows that the expectation was not met, or if conditions and directions are grossly or persistently ignored. Before revoking, the court must consider whether milder steps are enough, for instance extending the period. If all goes well the sentence is remitted at the end (Section 56g StGB).

What matters for the defence

Between one and two years a great deal depends on whether the court accepts special circumstances. Serious victim-offender mediation or substantial compensation before judgment carry real weight in our experience. That is why we start such steps well before the main hearing, often months before.

Defence also pays off where revocation threatens. A new conviction does not automatically lead to revocation, for example if the new offence is of a different kind and the person’s circumstances have since become stable. On the level of the sentence generally: sentencing.

General explanation, not advice on an individual case. As of November 2026.