Penalty limits
The scope of punishment is the possible duration of a prison sentence or possible amount of a fine as specified by law . As a rule, the law specifies the minimum and maximum punishment for the respective offense . Together these form the penalty framework.
In the case of fines, German criminal law applies a range of at least 5 daily rates and a maximum of 360 daily rates. The daily rate is calculated on the basis of the defendant's net disposable income.
The regulations on early imprisonment can be found in Section 38 of the Criminal Code. The minimum term of imprisonment is one month. If the law does not specify an upper limit or does not order life imprisonment, the maximum duration is 15 years.
When sentencing must judge mandatory punishment within the criminal framework choose. Some offenses contain special penalties for less serious cases (e.g. § 213 StGB for the less serious case of manslaughter) or particularly serious cases (e.g. § 243 StGB for the particularly serious case of theft). Regardless of the offense, the standard range of penalties is modified through special mitigation options (see Section 49 (1) StGB ) (e.g. in the event of an attempt : Section 23 (2) StGB).
In juvenile criminal law there are other, more flexible options for punishment that are not linked to a specific offense. The so-called disciplinary means and instructions include, for example, the performance of social hours or the imposition of certain therapies. In severe cases, youth sentences are imposed. This amounts to a minimum of six months and a maximum of 10 years for young people under the age of 18. For adolescents from 18 to under 21 years of age, the maximum youth penalty is 10 years or 15 years if the act is murder in accordance with Section 211 of the Criminal Code ( Section 105 (3) JGG).
Web links
- Sönke Gerhold : The penalties for the less severe cases in the StGB, highlighting the extremes in color (PDF; 104 kB)
- Sebastian Sobota, On the choice of the penalty framework when a particularly serious case and a special legal reason for mitigation come together [1]
