Leadership supervision
According to German criminal law, supervision of conduct is a measure of reform and security ( Section 61 StGB ). In the case of certain criminal offenses , the court can, in accordance with Section 68 of the Criminal Code, in addition to a prison sentence of at least six months, order conduct supervision pursuant to Section 68a of the Criminal Code if there is a risk that the perpetrator would commit further offenses.
It says in Section 68a of the Criminal Code:
- (1) The convicted person is subject to a supervisory body; the court will appoint a probation officer for the duration of the supervision .
- (2) The probation officer and the supervisory authority shall, by mutual agreement, assist and support the convicted person.
- (3) In agreement with the court and with the support of the probation officer, the supervisory body monitors the conduct of the convicted person and compliance with instructions.
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- According to Section 68 I of the Criminal Code, supervision can arise by virtue of a judicial order. On the other hand, according to § 68 II the supervision of conduct can arise by law.
In other countries, probation conditions using electronic ankle cuffs have been tried out for a long time as part of conduct supervision or have already been implemented. In Germany, the possibility of electronic residence monitoring within the framework of conduct supervision was created with the law on the reorganization of the law of preventive detention and accompanying regulations with effect from January 1, 2011 (Section 68b StGB). The technical implementation is not specified in the law. In fact, this currently also means the use of an electronic ankle cuff.
In practice, supervision of conduct is not given by the same court that sentenced the perpetrator. The supervision of conduct is ordered shortly before the end of the serving of the sentence by the judge of the competent criminal enforcement chamber. The resolution consists of at least one, but usually a whole series of instructions. They should be crime and personality specific. These can u. a. are as follows: prohibition of leaving the place of residence or residence without the permission of the command supervisory authorities, prohibition of residence in places that could provide an incentive to new crimes (e.g. child abusers in children's playgrounds), prohibition of contact and accommodation with people or groups that provide incentives for new crimes Criminal offenses, prohibition of activities, including voluntary work, in which there is a risk of dealing with certain persons or groups of persons who could create incentives for new criminal offenses, prohibition of possession or keeping of objects that could give an incentive to new offenses, regular Auditioning with the probation officer at fixed times, notification of a change of job and residence to the management supervisory body, efforts to take up employment, regular visits to a psychiatrist or therapist, expanded or tightened reporting requirements, urine tests for drugs and alcohol nsum, prohibition to consume alcoholic beverages, or obligation to undergo psychotherapy or drug therapy.
On the other hand, instructions to release the treating physician from medical confidentiality are not permitted .
However, the principle of proportionality must also be observed with instructions . It is not proportionate, for example, to impose an abstinence order on a long-time drug addict if it is clear from the outset that he will not be able to comply with this instruction because of his addiction. The same applies to a blanket ban on the dissemination of right-wing extremist or National Socialist ideas, as this instruction is too vague and in fact completely deprives the offender of the right to freedom of expression .
Violations of instructions that are specific but not aimed at long-term therapy are subject to criminal penalties under Section 145a of the Criminal Code and, upon application by the management supervisory body, can be punished with a fine or imprisonment for up to three years. Violations of therapy instructions can lead to the ordering of an unlimited duration of supervision , Section 68c StGB.
The frequency and severity of management supervision as well as the type and amount of requirements vary considerably from state to state in Germany. In a few federal states, such as Bavaria, Hesse and Saxony, the supervision of conduct is handled particularly strictly, so that many former offenders move to other federal states after serving their sentence in order to evade close monitoring and control.
The legal problem that nobody may be punished twice for an act is irrelevant for the supervision of conductors, since measures of reform and security are not a punishment .
In contrast to the suspension of the remainder of the sentence on probation ( Section 56 et seq. StGB), the supervision of conduct places more emphasis on monitoring the convicted person. In addition to the probation officer, there is also a supervisory body to monitor the “conduct of the convicted person and compliance with instructions”. With the exception of Saxony, supervisory bodies are assigned to the regional courts. In Saxony they are set up by the public prosecutor's offices.
literature
- Peter Floerecke: The emergence of the legal norms for management supervision . Legislation from 1962 to 1975 and the practice of enforcement supervision. Forum-Verlag, Bonn 1989, ISBN 3-927066-17-6 .
- Peter Floerecke: What does management supervision do? Empirical data on resources, cooperation structures and control strategies of a controversial legal institution. In: Ch. Dertinger, E. Marks (Ed.): Leadership supervision. Attempt to take stock of a controversial legal institution. Bonn 1990, ISBN 3-927066-27-3 , pp. 51-76.
