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Remission for „good behaviour“ in German Criminal Law

In Germany a prisoner can be released after serving two-thirds of his/her sentence for „good behaviour“.

The conditions are named in section 57 of the German Criminal Code: 

„Section 57
Conditional early release—fixed-term imprisonment

(1) The court shall grant conditional early release from a fixed-term sentence of imprisonment under an operational period of probation, if

1.  two thirds of the imposed sentence, but not less than two months, have been served; and

2.  the release is appropriate considering public security interests; and

3.  the convicted person consents.

The decision shall particularly consider the personality of the convicted person, his previous history, the circumstances of his offence, the importance of the legal interest endangered should he re-offend, the conduct of the convicted person while serving his sentence, his circumstances and the effects an early release are to be expected to have on him.“

(Quoted from here, translation by Prof. Dr. Michael Bohlander.)

In practice it usually means that the prisoner did not „behave badly“, the release after two-thirds is rather the rule than the exception. 

If you have an issue in German Criminal Law, do not hesitate to contact us here

Dr. Donat Ebert

Dr. Donat Ebert
Lawyer (D)
office-ebert@email.de

 

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