ABSTRACT

This chapter introduces the legal regulations for suspended prison sentences, conditional release and supervision of conduct and describes the relevant parties and their responsibilities for recall and revocation. It focuses on the legislation and regulations for revocation and gives insights into the use of discretion in practice. The chapter describes available statistical data. It also describes some experiences with the vignettes. The chapter explains the preconditions for suspended prison sentences and conditional release in order to better understand the breach procedures and important aspects in decision-making processes. Early release in Germany is based on discretionary decisions and is always conditional. The system of early release can include supervision by the probation services. The suspension of the prison sentence means that the offender will not spend one day in prison. The interview with the judge from the sentence execution court revealed that the judge tries to decide closely according to the existing regulations.