Warning with reservation of punishment
The warning with reservation of punishment is in German criminal law a special sanction regulated in Section 59 StGB in a judgment of a criminal court or a penalty order , which can be imposed under certain conditions. With this sanction, the offender is warned and the court reserves the right to impose a precisely specified fine if the offender again commits a criminal offense or does not comply with the conditions associated with the warning.
The prerequisites are met if it is to be expected that the perpetrator will not commit any further criminal offenses, the assessment of the offense and the personality of the perpetrator reveal special circumstances, and the defense of the legal system does not require a criminal conviction.
The person concerned will be warned. The right to impose a specific fine is reserved. As with the suspension of a custodial sentence on probation, a probation order is issued which imposes special conditions or instructions on the convicted person in accordance with Section 59a of the Criminal Code (e.g. compensation for damages).
In principle, this can also be necessary in the event of excessively long proceedings.
Individual evidence
- ↑ BVerfG, decision of July 25, 2003 , Az. 2 BvR 153/03, full text.
