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Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Saksamaa

Probation measures (904)

1. MEASURE IMPLEMENTATION

Saksamaa

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. It has been incorporated into national law; specifically in Sec. 90 a-n of the Gesetz über die Internationale Rechtshilfe in Strafsachen (Act on International Cooperation in Criminal Matters).

2. LEGAL FRAMEWORK

Saksamaa

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions.

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

The competent authorities for receiving requests are the local prosecution offices.

* execute/recognise the measure (if other than the receiving authority)

Upon application by the public prosecution office or by the sentenced person, the competent regional court decides on the enforceability of the foreign decision and the permissibility of supervision of probation measures and alternative sanctions. The public prosecution office approves enforcement and supervision in accordance with the final and binding court decision. During the period of probation, the regional court monitors the behaviour of the sentenced person and compliance with the probation measures or alternative sanctions imposed on the sentenced person. The court issues all subsequent decisions which relate to suspending enforcement on probation if the other Member State has suspended supervision.

4. ACCEPTED LANGUAGES

Saksamaa

Accepted languages for the request/decision

German

5. EXECUTION DEADLINE

Saksamaa

Deadlines for the execution of the request/decision (where applicable)

60 days after receipt of the documents at the public prosecution office.

6. CONCISE LEGAL PRACTICAL INFORMATION

Saksamaa

a. Special requirements

The enforcement of a foreign decision and supervision of the probation measures or alternative sanctions arising from such a decision are permissible only if the other Member State has submitted the original decision and, if applicable, the probation decision or a certified copy of either of the preceding, together with a completed certificate corresponding to the form in Annex I of the Framework Decision on supervision of probation, as amended.

b. Other useful information

http://www.gesetze-im-internet.de/bundesrecht/irg/gesamt.pdf Approval regarding enforcement of a foreign decision and the supervision of the probation measures or alternative sanctions arising from such a decision may be denied if the duration of the probation measure or alternative sanction is shorter than six months.

Last reviewed on 6 juuli 2016 by EJN sekretariaat

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