Probation and Suspension of Sentence in Germany
The suspension of a custodial sentence on probation is a crucial legal option for defendants. It allows them to avoid serving a prison term under certain conditions, remaining free while complying with strict obligations. Our law firm Buchert Jacob Peter in Frankfurt advises and represents clients throughout Germany in all matters of criminal defence – from the first inspection of the investigation files to representation in the main hearing.
If you are facing criminal allegations in Germany – for example relating to the offence or procedural situation described on this page – you should seek early advice from our English-speaking criminal defence solicitors and specialist lawyers for criminal law in Frankfurt. We defend private individuals and companies nationwide and guide you safely through investigations, police questioning and court hearings.
For a confidential initial assessment of your situation and the development of a tailored defence strategy, you can reach us on +49 69 710 33 330 or by email at kanzlei@dr-buchert.de.
Legal Basis of Probation
The statutory provisions can be found in Sections 56–58 of the German Criminal Code (StGB). Whether a prison sentence can be suspended depends on the length of the sentence, the individual’s social prognosis, and the specific circumstances of the case:
- Prison sentences up to 6 months: Must generally be suspended if no further offences are expected.
- Prison sentences between 6 months and 1 year: A positive social prognosis is required; enforcement must not be necessary to uphold the rule of law.
- Prison sentences between 1 and 2 years: Additional circumstances must justify probation.
- Prison sentences over 2 years: Suspension is excluded.
Anyone facing the threat of imprisonment should involve experienced criminal defence lawyers in Frankfurt at an early stage to maximise the chances of probation.
Positive Social Prognosis as a Core Requirement
The decisive element is whether the offender is likely to live without committing further offences. Courts evaluate:
- Personality, motivation, and character.
- Criminal record or a previously law-abiding life.
- Circumstances of the offence and level of intent.
- Conduct after the offence: remorse, restitution, cooperation.
- Social situation: family ties, employment, financial stability.
Especially in complex cases such as white-collar crime or tax offences, presenting a convincing social prognosis is a central defence objective.
Tax Evasion and Probation Sentences
Probation plays a critical role in tax cases. According to the Federal Court of Justice:
- For tax evasion exceeding EUR 1 million, a prison sentence of more than two years is usually imposed – not eligible for probation.
- Only significant mitigating circumstances (e.g., full restitution or extensive cooperation) may reduce the sentence below two years.
- By contrast, in cases of withheld social security contributions (§ 266a StGB), courts have more discretion to suspend sentences.
Entrepreneurs and executives particularly benefit from early legal defence strategies to achieve a probation outcome.
Course of Proceedings up to the Probation Decision
A successful defence for probation begins already in the investigation stage:
- Early access to files to analyse the evidence.
- Developing a defence strategy with a focus on mitigating circumstances.
- Preparing the main hearing with a strong emphasis on a positive prognosis.
- Requesting probation assistance, such as therapy, restitution, or compliance with obligations.
The court then decides in its judgment whether to grant probation. Experienced defence counsel ensures that all favourable arguments are presented.
Typical Conditions and Obligations
Probation almost always comes with obligations designed to stabilise the defendant and prevent relapse:
- Payment of compensation or fines.
- Participation in community service or training programmes.
- Reporting obligations or restrictions on contact.
- Therapy or counselling measures.
Breaches can lead to revocation of probation – ongoing legal advice is therefore crucial.
Advantages of Probation
Compared to imprisonment, probation offers significant benefits:
- Avoidance of prison and job loss.
- Preservation of family and social ties.
- Opportunity to make restitution.
- Reduction of stigma and exclusion.
For professionals and businesspeople, probation is often the key to safeguarding both personal and career prospects.
Why Choose Our Law Firm
Buchert Jacob Peter has decades of experience in criminal defence and fights for the rights of clients – discreetly, strategically, and nationwide.
We represent clients in all areas of criminal law, including corporate crime, insolvency offences, and employment-related criminal cases. With a clear strategy and long-standing expertise, we work towards probation whenever possible.
Take Action – Contact Us Now
If you are facing a custodial sentence, do not wait. Contact our lawyers in Frankfurt immediately. We provide comprehensive advice, develop tailored defence strategies, and accompany you through every stage of the proceedings.
Your freedom is our priority.
FAQ – Probation in Germany
When is probation possible?
For prison sentences of up to two years, provided a positive social prognosis is given.
What does the social prognosis mean?
It is the central factor: the court assesses the defendant’s personality, history, offence, and social circumstances.
Can tax evasion lead to probation?
Yes – but usually only below EUR 1 million or if strong mitigating factors are present.
What conditions can be imposed?
From monetary payments and probation supervision to therapy or reporting duties.
What happens in case of non-compliance?
The court may revoke probation, and the sentence must then be served.
Contact Our Criminal Defence Lawyers in Frankfurt
- Rechtsanwältin Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
- Rechtsanwalt Frank M. Peter, Specialist Lawyer for Criminal Law
- Of Counsel: Prof. Dr. Frank Peter Schuster
- Cooperation Partner: Tax Consultant and former Tax Investigator Frank Wehrheim
Our law firm Buchert Jacob Peter has been working in Frankfurt am Main for over 25 years with experienced criminal defence lawyers. We represent clients nationwide.
📞 Phone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de
Learn more: Tax Offences, Criminal Defence, White-Collar Crime, Attorneys
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