Enforcement Code
| Basic data | |
|---|---|
| Title: | Enforcement Code |
| Abbreviation: | StVollstrO |
| Type: | Administrative regulation |
| Scope: | Federal Republic of Germany |
| Legal matter: | Criminal law |
| Original version from: | February 15, 1956 |
| Entry into force on: | |
| Last revision from: | July 13, 2011 (Federal Gazette No. 112a of July 28, 2011) |
| Entry into force of the new version on: |
August 1, 2011 |
| Last change by: | August 10, 2017 ( BAnz AT 08/18/2017 B6 ) |
| Effective date of the last change: |
October 1, 2017 |
| Weblink: | Text of the StVollstrO |
| Please note the note on the applicable legal version. | |
The sentence execution order ( StrVollstrO ) contains the administrative provisions for training and implementation of enforcement in Germany; it does not regulate the structure of the sentence (this is regulated in penal law). The enforcement order has no legal status, but binds the enforcement and enforcement authorities as an administrative regulation . In essence, the enforcement order is part of formal criminal law.
In the case of adolescents and young adults, the guidelines under Section 114 of the Youth Courts Act apply to enforcement . However, the provisions of the Penal Enforcement Code apply in addition. The enforcement of decisions according to the law on administrative offenses is possible according to §§ 87, 88 StVollstrO.
Decree
As with the guidelines on criminal and administrative fine proceedings (RiStBV) , the penal enforcement order is a body of norms coordinated between the federal government (Federal Government, here: Federal Ministry of Justice) and the federal states (justice administration). It is published as a general order for the federal government in the Federal Gazette (BAnz. 2011, No. 112a, p. 1ff., Replaces the 2001 version) and for the states in their proclamation organs, most recently with effect from August 1, 2011. The first penal code was issued on February 15, 1956.
content
The enforcement order applies in addition to the statutory provisions of the Seventh Book of the Code of Criminal Procedure (StPO).
Authorities and jurisdiction
The enforcement authority according to § 4 StVollStrO (also: § 451 Abs. 1 StPO) is the public prosecutor (in the case of juvenile punishment the youth judge), in the proceedings in the first instance before the higher regional court the public prosecutor's office or the federal prosecutor's office.
The enforcement of sentences is functionally incumbent on the Rechtspfleger (Section 31 Rechtspflegergesetz ). The local jurisdiction is also determined by the court of first instance. In the case of an aggregate sentence, the enforcement procedure is carried out by the authority that executes the aggregate sentence.
The enforcement plan (Section 22 StVollstrO) is essential for the enforcement of the custodial sentence. The penal enforcement order also names the factual and local enforcement jurisdiction.
Material enforcement acts
The summons to commence the sentence (§ 27 StVollStrO) is the request to the convicted person to be present in the penal institution within a period of time, if an immediate commencement of the sentence is not required. For this purpose, the transfer may be directed to the previously executing institution by request (§ 28 StVollStrO). The future executing institution is requested to accept (§ 29 StVollStrO). If the convicted person who is at large does not show up at the time of commencement of the sentence, the enforcement authority obtains a presentation and arrest warrant (Section 33 StVollStrO).
The enforcement authority calculates the term of the sentence (Sections 37 ff.) When the sentence begins (Section 38), taking into account other custodial measures (including pre-trial detention , Section 39).
The suspension of the remainder of the sentence, postponement of enforcement (§§ 454ff. StPO) and the interruption of execution in the event of inability to enforce or because of the enforcement situation (§§ 45-46a StVollStrO) are also measures taken by the enforcement authority.
In addition to the special provisions of the Criminal Code, Sections 53 ff. StVollStrO apply to measures for improvement and security . Essentially, the provisions on the execution of the sentence apply accordingly.
If not a custodial sentence but a fine should be enforced, this is based on the demand and recovery order (EBAO). If the fine is irrecoverable, it is replaced by a substitute custodial sentence. The formal requirements for requests for admission have been relaxed somewhat (Section 51 of the StVollStrO).
In the event of expiry, confiscation, further use and rendering unusable of objects, notification obligations must be observed (§§ 60 ff., 69 ff. StVollStrO).
Legal process
The penal enforcement order provides for a complaint according to § 21 StVollStrO as a legal remedy against measures of the enforcement authority. However, this is subsidiary to judicial decisions according to Sections 458 and 459h StPO and Section 103 OwiG. The respective higher service authority decides on the complaint. The appeal procedure is also a prerequisite (Section 24 (2) GVGEG) for a decision by the Higher Regional Court in accordance with Section 23 GVGEG . The complaint has no suspensive effect (Section 21 (2) StVollStrO).
literature
- Klaus Laubenthal , Nina Nestler: Enforcement of sentences. Springer, Heidelberg 2010, ISBN 978-3-642-05285-9 .
- Hans Pohlmann, Hans-Peter Jabel, Thomas Wolf: criminal enforcement order. Gieseking, Bielefeld, 8th edition 2001, ISBN 978-3-7694-0600-9 .
- Alois Wagner: Enforcement of sentences: study and practice. CH Beck, 2nd edition, Munich 2009, ISBN 978-3-406-57998-1
- Frank Arloth: BeckOK penalty enforcement order. CH Beck, 5th edition, Munich 2019.
