The suspension of the remainder of a sentence on probation under § 57 StGB allows for early release from custody. It is one of the most important levers in sentence enforcement – and, when well prepared, often achievable.
Requirements for early release
Under § 57(1) StGB the remainder of a sentence may be suspended after two thirds have been served (at least two months) if this can be justified in view of the public interest in security and the convicted person consents. Under the stricter conditions of § 57(2) StGB, release after half of the sentence may be considered – for example on first imprisonment of no more than two years or where special circumstances exist.
The social prognosis at the centre
What matters is the prognosis of future law-abiding conduct. The court considers personality and prior history, the circumstances of the offence, conduct in custody, living conditions and the expected effects of release. A secure post-release perspective – housing, work and, where relevant, therapy – considerably strengthens the application.
Procedure and our support
The sentence enforcement chamber decides after a hearing; the prison and the public prosecutor submit statements. We prepare the application thoroughly, develop the favourable prognosis and represent you in the proceedings so that no release date is missed.
Would you like to have early release examined? Get in touch – we will review your case.
Note: This information is general and does not replace advice in an individual case.