Interim custody
The intermediate adhesive refers to the state in which a convict, against the criminal during the custody had been arranged between the inlet of the legal force of a imprisonment denominated criminal judgment and the formal initiation of the execution of a sentence is. The nomenclature is not very clear; In some cases, the term organizational detention is also used here , but this is mostly applied to the cases involved in the transition from the execution of a custodial sentence to that of a measure of reform and security .
Interim detention is not regulated by law; The constellation is problematic because, on the one hand, there is a clear practical need for interim detention, but on the other hand, the implementation of a custodial measure actually requires legal legitimation because of the encroachment on fundamental rights.
The practical case is performed in the intermediate adhesive, is as follows: Against the accused (prisoners) is the detention arranged about, because the adhesive base of the flight risk exists. In the first instance proceedings, the defendant is sentenced to imprisonment of, for example, four years. During the main hearing, the accused waived the right to appeal . The public prosecutor's office also waived the right to appeal . The judgment is then final. If the client were not in pre-trial detention, he would receive a summons some time later to commence his sentence, i.e. a request to go to the responsible penal institution to serve his sentence. For the accused in pre-trial detention, however, pre-trial detention ends when the criminal judgment becomes final. As a matter of fact, there is no longer an investigation for the duration of which the accused could be detained. However, it would be inexpedient to release the convicted person from custody now, especially since in the example case the assumed risk of escape might persist. The convicted person therefore remains in custody until the execution of the sentence has been formally initiated. This period of imprisonment is of course counted towards the imprisonment imposed in the judgment.
In addition to the question of a possible unconstitutionality in the execution of a statutorily unregulated (not envisaged?) Sentence, there is also the practical problem that it is not regulated whether interim detention is carried out according to the provisions on pre-trial detention that is no longer given or not yet given criminal detention should, a problem that has been given different solutions in the legal literature.
