Violation of instructions during management supervision
Violation of instructions during supervision is a criminal offense under German criminal law. It is regulated in Section 145a in the Seventh Section of the Criminal Code (offenses against public order).
The prerequisite is that the perpetrator is under supervision and instructions have been given to him in accordance with Section 68b (1) of the Criminal Code. Since only persons who are under supervision can realize the offense, it is a special offense . Acting is the violation of a specific instruction. As part of the review of Section 145a of the Criminal Code, it must also be checked whether the instruction in question was sufficiently determined, whether it was proportionate and whether it was permissible. Furthermore, the act is only punishable if it jeopardizes the purpose of the measure, i.e. the supervision of conduct. According to the prevailing opinion, the offense is therefore a specific offense at risk . The purpose of the measure is jeopardized if the violation increases the risk that the person under supervision will commit a new crime.
The act can only be committed willfully; Contingent intent is sufficient to realize the subjective fact .
The legal consequence is imprisonment of up to three years or a fine .
§ 145a StGB is an application offense ; the offense will only be prosecuted at the request of the supervisory authority (cf. § 68a StGB). This in turn should obtain a statement from the probation officer before submitting the application (Section 68a (6) StGB); however, according to the prevailing opinion today, the violation of this provision does not render a criminal complaint ineffective.
