The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Chapter IV
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
The public prosecutor is generally in charge of the execution of criminal sentences (Sect. 451 CCP). He supervises the enforcement of fines including imprisonment in lieu of a fine not paid by the defendant (Ersatzfreiheitsstrafe, Sect. 459e CCP) as well as the enforcement of other sanctions imposed by the court. However, all relevant decisions connected with the execution of prison sentences are made by a specialised court (Strafvollstreckungsgericht). The jurisdiction of Strafvollstreckungsgericht extends to the conditions of imprisonment, the granting of conditional release (parole), the supervision of the defendant’s compliance with conditions imposed on him when the execution of a prison sentence has been suspended (probation) or he has been conditionally released, and the revocation of a suspension of execution or of conditional release (Sects. 462a subs. 1 CCP and 78a COA). In all these matters, the prosecutor will be heard but does not have decision-making authority. In other matters of execution, the prosecutor shares authority with the court of first instance that has convicted and sentenced the defendant (Sect. 462a subs. 2 CCP). The court takes a decision, for example, on the proper interpretation of the sentence (Sect. 458 subs. 1 CCP), or on the suspension of the execution of a fine if the offender is imprisoned (Sect. 459d CCP), or on the suspension of the execution of the Ersatzfreiheitsstrafe in cases of special hardship (Sect. 459f CCP). The court of first instance has, moreover, jurisdiction to hear appeals against decisions by the prosecution in matters of the execution of sentences (Sects. 458 subs. 2 and 459h CCP). In short, the prosecutor’s role in the area of the execution of sentences is mainly limited to administrative functions; most of these functions are carried out by administrators (Rechtspfleger) under the supervision of the prosecutor.
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
The public prosecutor is generally in charge of the execution of criminal sentences (Sect. 451 CCP). He supervises the enforcement of fines including imprisonment in lieu of a fine not paid by the defendant (Ersatzfreiheitsstrafe, Sect. 459e CCP) as well as the enforcement of other sanctions imposed by the court. However, all relevant decisions connected with the execution of prison sentences are made by a specialised court (Strafvollstreckungsgericht). The jurisdiction of Strafvollstreckungsgericht extends to the conditions of imprisonment, the granting of conditional release (parole), the supervision of the defendant’s compliance with conditions imposed on him when the execution of a prison sentence has been suspended (probation) or he has been conditionally released, and the revocation of a suspension of execution or of conditional release (Sects. 462a subs. 1 CCP and 78a COA). In all these matters, the prosecutor will be heard but does not have decision-making authority. In other matters of execution, the prosecutor shares authority with the court of first instance that has convicted and sentenced the defendant (Sect. 462a subs. 2 CCP). The court takes a decision, for example, on the proper interpretation of the sentence (Sect. 458 subs. 1 CCP), or on the suspension of the execution of a fine if the offender is imprisoned (Sect. 459d CCP), or on the suspension of the execution of the Ersatzfreiheitsstrafe in cases of special hardship (Sect. 459f CCP). The court of first instance has, moreover, jurisdiction to hear appeals against decisions by the prosecution in matters of the execution of sentences (Sects. 458 subs. 2 and 459h CCP). In short, the prosecutor’s role in the area of the execution of sentences is mainly limited to administrative functions; most of these functions are carried out by administrators (Rechtspfleger) under the supervision of the prosecutor.
