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Probationary services; information

Probation assistance is a form of outpatient help for people who have been convicted of a criminal offense. Through it, the state assumes joint responsibility for the reintegration of citizens who have committed a crime.

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Procedure details

A custodial sentence or juvenile sentence of no more than 2 years may be suspended on probation. Furthermore, part of the sentence (remaining sentence) can be suspended if the offender behaves appropriately during the execution of the sentence. If the convicted person succeeds in leading a crime-free life during the probation period, the sentence or the remainder of the sentence will be remitted after the probation period (which is 2 to 5 years). A probation officer can be appointed to accompany and support the convicted person during this period; in the case of a juvenile sentence, the appointment is mandatory.

The supervision of conduct measure provided for in the Criminal Code is intended to ensure the supervision of offenders whose reintegration into society after their release from prison or the penal system is at risk for various reasons and therefore appears to be particularly difficult. Supervision of conduct has the dual objective of helping dangerous offenders to reintegrate into society and providing increased supervision to protect the general public. A probation officer is appointed to the convicted person for the duration of the supervision of conduct.

The aim of probation assistance is to prevent new offences and promote resocialization through targeted professional support. It is usually carried out by full-time specialists with socio-educational training, the probation officers. Their task is to care for and supervise the "probationers", as the clients of the probation service are known in specialist jargon. In individual cases, volunteers support the work of the probation officer.

The basis of the probation officer's work with the probationers is the German Criminal Code (StGB) or the Juvenile Courts Act (JGG) as well as a judicial probation order or supervision order. This order often contains conditions and instructions that are intended to help the probationers lead a life free of punishment. The probation service supports the probationers in fulfilling these conditions and directives and offers help and advice in overcoming problems.

The support work is carried out using recognized social work methods. Probation officers strive to establish a trusting working relationship with the probationers. They are subject to a duty of confidentiality, which means that they are not allowed to pass on information from the personal lives of the probationers to outsiders without the consent of the probationer. However, there is no right to refuse to testify. If court proceedings are held due to a new criminal offense and the court summons the probation officer as a witness, testimony cannot be refused. The probation officer is also obliged to report to the court supervising the probation at regular intervals on the progress of the probation and the probationer's lifestyle as well as any new offenses.

Services offered to the probationers

  • Advice and information in crisis situations and relationship conflicts
  • Support with school and career issues
  • Assistance with addiction problems
  • Advice on regaining a driver's license
  • Information on financial and economic difficulties (debt counseling)
  • Practical help in dealing with authorities such as the employment agency, youth welfare office, court, tax office, housing benefit office
  • Referral to other specialist and advice centers

Where necessary, the probationer's social environment is included in the work.

New offenses during the probation period and non-compliance with instructions and conditions can lead to the court extending the probation period or revoking the suspended sentence. If probation is revoked, the prison sentence imposed must be served in prison. Violations of a specific instruction as part of supervision of conduct constitute a new offense in their own right under certain circumstances.

Status: 12.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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