Germany

Criminal Code (Strafgesetzbuch, StGB)

GENERAL PART

CHAPTER THREE
SANCTIONS

SECOND TITLE
SENTENCING

Section 51
Effect of time spent in custody

(1) If a convicted person had been remanded in custody or otherwise been kept in detention because of an offence which is or was the object of the proceedings, any time spent in such custody or detention shall be credited towards a fixed term of imprisonment or a fine. The court may order for such time not to be credited in whole or in part if in light of the conduct of the convicted person after the offence this would be inappropriate.

(2) If in a later proceeding another sentence is substituted for a previously imposed sentence after that sentence had become final, time served under or credited towards the earlier sentence shall be credited against the new sentence.

(3) If a convicted person has already been sentenced abroad for the same offence, the foreign sentence, to the extent it has been served, shall be credited towards the new sentence. Subsection (1) above shall apply mutatis mutandis to any other detention suffered abroad.

Keywords

Reduction of national sentence following pre-trial detention - national proceedings



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