Pre-probation
The pre- probation is a form - only possible in youth criminal law - to suspend an imposed youth penalty . Unlike in adult criminal law, the decision is not pronounced in the judgment ( Section 56 of the Criminal Code), but reserved in the judgment and is issued no later than nine months after the judgment has become final .
For a long time, the preliminary probation was not regulated by law, but was derived from Section 57 Paragraphs 1 and 2 of the Youth Courts Act (JGG). On July 6, 2012, the Federal Council approved a draft law by the Bundestag, whereby the previous probation was made an express provision in § 61 to § 61 b JGG with effect from October 7, 2012 .
functionality
In the preliminary probation, the young person is sentenced to a youth penalty. However, the decision as to whether the sentence can be suspended on probation is postponed and can be made up later. In contrast to adult criminal law, the convicted juvenile must therefore “earn” the probation within a period of a few months. He can be given conditions or instructions, on the fulfillment of which the judge can make the granting of probation dependent. In addition, the young person is subject to the special supervision of probation assistance and juvenile justice during this time .
If the young person fulfills the conditions, the youth penalty is suspended by a resolution on probation. If the young person does not meet the requirements , no probation decision is issued and he has to serve the youth penalty. The legal remedy of an immediate complaint ( § 59 JGG ) is possible against the decision of the court .
Thus, the judge gives the young person with the previous probation the very last chance to change his lifestyle and to avert the execution of the youth sentence. The concept of pre- probation is therefore actually misleading, because pre-probation stands between probation and youth custody in the catalog of sanctions.
Sense and purpose
The purpose of the pre-probationary period is not to obstruct the young offender's future with a youth penalty, but on the other hand to work towards his rehabilitation and to give him the opportunity to avert the youth penalty after all. The preliminary probation is used precisely when there are doubts as to whether the youth penalty can be suspended on probation.
External impact
The instrument of pre-probation is extremely successful: 90 percent of young people under pre-probation actually go unpunished.
Individual evidence
- ↑ BGBl. 2012 I p. 1854
- ^ Juvenile punishment , Federal Agency for Civic Education, (April 10, 2012)
- ^ Sanctions in juvenile criminal law, lawyer Andreas Habbes, (April 10, 2012)
- ↑ Silvia Sommerfeld: DVJJ series of publications from the German Association for Juvenile Courts and Juvenile Court Assistance eV Restricted preview
- ↑ The previous probation has proven itself , Münchner Merkur, (April 10, 2012)
- ↑ Bernhard Flümann "The pre-probation according to § 57 JGG", 1983, criminological research reports from the Max Planck Institute for Foreign and International Criminal Law, Freiburg i.Br., Volume 16