Generally, the punishment imposed by the court will be executed by the public prosecution office - in the case of adult persons - and by the judge of a juvenile court - in the case of juveniles and adolescents.
In the case of accused adults, the judgment may involve a fine or a prison sentence. The enforcement of the fine or of the prison sentence can be suspended for a probationary period determined by the court. This means that the convicted person is not required to pay the fine or serve the sentence if he/she fulfils the conditions and instructions specified expressly by the court for the probation period. If the convicted person succeeds in doing so, the fine or prison sentence imposed by the court will be waived at the end of the probation period. If he/she does not succeed in doing so, the court may order the payment of the fine or revoke the suspension of a prison sentence on probation. Then, the punishment will be executed.
The criminal law relating to young offenders includes many additional legal consequences.
You as the aggrieved person may be affected by the instructions and conditions imposed for the probation period, because the court may order reparation of damage or a prohibition of contact, for example. In most cases, the court will write to you and inform you about this. However, this is not always the case. Therefore, you should observe the following
You as the aggrieved person will be informed of the judgment or the written judgment (penal order) only if you file an application. You may submit this application to the police or the public prosecution office.
Record the file reference number of the proceedings.
If the court has revoked a probation or imposed a fine or a prison sentence without probation period, the punishment will be executed.
The fine imposed by the judgment shall be paid to the Landeskasse (State Treasury). For this purpose, a request for payment will be sent to the convicted person. A payment by instalments can be requested. However, there is no entitlement to a payment by instalments. In case of failure to pay a fine, a corresponding imprisonment for failure to pay a fine can be executed instead. If the convicted person does not serve this sentence voluntarily, he/she can also be arrested. The convicted person may also request to perform some other service of a non-profit-making nature if he/she is not able to pay the fine.
The prison sentence imposed by the court will be executed in a prison. For this purpose, the convicted person will receive a request to begin his/her imprisonment. If the convicted person does not serve this sentence voluntarily, he/she can also be arrested.
If the convicted person has served half of the prison sentence imposed by the court, it may be examined whether execution of the remainder of the prison sentence may be suspended on probation. In case of a release, conditions or instructions for his/her behaviour will be imposed.
If the convicted person has served two thirds of the prison sentence imposed by the court, it must be examined whether execution of the remainder of the prison sentence may be suspended on probation. In case of a release, conditions and instructions for his/her behaviour will be imposed.
During the execution of the prison sentence, the convicted person may be released temporarily from prison on trial (relaxation of the conditions of detention) if the public prosecution office and the prison have reason to believe that he/she will no longer commit criminal offences. It is also possible to grant leave from prison to the convicted person. In most cases, this is subject to conditions. In case of serious crimes, relaxations or leave will not be granted or only be granted at a later date during the execution of the prison sentence.
Upon application, you shall be notified as to whether
A precondition for this is that delivery of the notification is possible to the address which you indicated. This may also be the address of your lawyer.
If the accused is not able to acknowledge his/her wrong behaviour and to act accordingly, e.g. due to alcohol or drug use or due to a severe mental illness, the court may - in individual cases - order the placement of the accused in a psychiatric hospital, in an institution for withdrawal treatment or in preventive detention. The placement in a psychiatric hospital may only replace a prison sentence if the accused committed the unlawful act while lacking criminal responsibility. The placement in an institution for withdrawal treatment due to alcohol or drug addiction will normally be imposed in addition to a prison sentence. The placement in preventive detention will also be imposed in addition to a prison sentence and will be executed after the prison sentence has been served.
You as the aggrieved person may also make use of the advice and support provided by victim support institutions or seek legal assistance during the execution of the punishment imposed by the court.