A custodial sentence does not always have to be served immediately. Sections 455 and 456 of the Code of Criminal Procedure provide for deferral and interruption of enforcement – for example on health or personal grounds.
Obstacles to enforcement (§ 455 StPO)
Enforcement must be postponed if the convicted person becomes mentally ill, and may be postponed where a serious illness gives rise to a near risk to life or where the condition is incompatible with imprisonment.
Deferral for important reasons (§ 456 StPO)
On application, enforcement may be temporarily deferred where immediate commencement would cause serious disadvantages to the convicted person or their family beyond the purpose of punishment. The deferral is limited to a maximum of four months.
Application and defence
We substantiate the application with the relevant evidence and coordinate it with the enforcement authority so that the start of the sentence can be arranged appropriately.
Have you received a summons to begin your sentence? Get in touch – we will review your case.
Note: This information is general and does not replace advice in an individual case.