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Probation: avoiding revocation

If a prison sentence is suspended on probation, it stays suspended as long as you prove yourself. Violations, a new offense or disregarding conditions and instructions, can lead to revocation. Then the sentence must be served after all.

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Your chances of getting your money back

The court can revoke the suspension if the convicted person commits an offense during the probation period, violates instructions or evades supervision (§ 56f StGB). But not every violation necessarily leads to revocation.
Instead of revocation the court can take milder measures, for example tighten conditions or extend the probation period. Anyone who fulfills conditions and cooperates with the probation officer clearly lowers the risk.

What you should do now

  1. 1

    1. Know the conditions

    Get clarity about all conditions and instructions of your probation.

  2. 2

    2. Stay in contact

    Cooperate with the probation officer and report problems early.

  3. 3

    3. Fulfill conditions

    Reliably fulfill payments, reporting obligations and instructions.

  4. 4

    4. Act at a hearing

    If revocation threatens, respond to the hearing and set out your reasons.

How to spot the scam

  • Conditions or reporting obligations are ignored.
  • A new offense occurs during the probation period.
  • No response is made to a hearing on the revocation.

Frequently asked questions

When is probation revoked?

Above all with a new offense during the probation period, with a violation of instructions or if the convicted person evades supervision (§ 56f StGB). The court decides case by case and, instead of a revocation, can also choose milder measures.

Does every violation lead to revocation?

No. The court checks whether milder means suffice, for example additional conditions, further instructions or an extension of the probation period. Revocation is the last stage, when the expectation of future law-abiding behavior is shaken.

What can I do if revocation threatens?

Respond to the court's hearing and set out your view: fulfilled conditions, personal circumstances, efforts at restitution. Keep close contact with the probation officer. A factual, documented statement can enable milder measures instead of revocation.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.