SECTION X - Enforcement Of Sentences (strafvollstreckung) And Costs Of Proceedings

VerfasserK. Neumann
Amt des AutorenSir
  1. The StPO does not go into detail as to the manner in which sentences are to be carried out, but merely lays down a few general rules. Detailed regulations have been made in appropriate ordinances (Strafvollstreckungsverfiigungen), discussion of which lies outside the scope of this survey.

  2. The general rules are as follows (see section 449).

    Sentences must not be carried out until they have attained full validity.

    In general, sentences are carried out by officials of the public prosecutor's office, and, where the Amtsgericht has jurisdiction, by the officers of the court. Where doubts arise as to the interpretation of a judgment or the assessment of the term of imprisonment or the amount of a fine, or where objections are raised to the legality of enforcing a sentence the court decides.

    As the death penalty has been abolished (see Chapter III, section XI, para. 56 above) the provisions relating to the execution of capital punishment have become obsolete. Sentence of imprisonment must be suspended if the convicted offender has become insane or is suffering from any other illness which renders imprisonment a serious risk to his life; it may also be suspended if it would involve serious disadvantages to the convicted person or his relatives unconnected with the purpose of the punishment.

    The collection of fines follows the same rules as the enforcement of judgments in civil matters.

  3. The rules contained in the StPO in regard to costs apply only to the distribution of costs by the court...

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