Mitigation of sentences

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In German law on the assessment of penalties, mitigation refers to the reduction of the penalty actually intended for a specific criminal offense . The mitigation of sentences is regulated by law mainly in Section 49 of the Criminal Code.

The law recognizes two forms of punishment mitigation: the postponement of the penalty frame according to § 49 Abs. 1 StGB or the punishment mitigation according to § 49 Abs. 2 StGB.

Shifting the penalty frame

The most common case of mitigation is the shifting of the penalty frame . In this case, a life imprisonment prescribed by law is replaced by a prison sentence of no less than three years (Section 49 (1) No. 1 StGB).

In the case of early imprisonment or a fine , a maximum of three quarters of the maximum sentence may be recognized in the event of a postponement of the penalty framework (Section 49 (1) No. 2 StGB).

Furthermore, a minimum penalty threatened in the offense is reduced in accordance with the provisions of Section 49 (1) No. 3 StGB.

Mitigating reasons for a postponement of the penalty framework

Reasons for a mitigation are either typified mitigation reasons or less severe cases .

Typed mitigation reasons

So-called typified mitigation reasons are special circumstances that the law generally designates as possible or compelling reasons for a postponement of the penalty framework , such as the fact that the offense was only attempted, that there was only assistance or that the culpability of the offender was considerably reduced ( de-culpation ).

Less severe cases

In addition, several facts provide for a provision for a less serious case. In these cases, however, the penalty is not according to § 49 ABs. 1 StGB, but the range of penalties that takes the place of the standard range of penalties is specified in the law. One example is Section 213 of the Criminal Code for the less serious case of manslaughter .

A less serious case is given if the injustice of the act clearly lags behind the injustice regularly committed by the offense.

Mitigation of sentences according to § 49 Abs. 2 StGB

If the law provides for a reference to Section 49, Paragraph 2 of the Criminal Code, the court can at its discretion reduce the penalty up to the minimum penalty, instead of recognizing imprisonment for a fine or, if necessary, foregoing a penalty. One example is the unsuitable attempt at manslaughter under Section 23 (3) of the Criminal Code.