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Imprisonment

Alongside fines, imprisonment is one of the two main sanctions in German criminal law.

One of the two main penalties: imprisonment.

If you face a custodial sentence during criminal proceedings, our experienced criminal defense lawyers will advise you and use all legal means to ensure that the sentence is as lenient as possible for you – or, in the best case, suspended on probation.

Imprisonment can be divided into two forms: fixed-term and life imprisonment.

Life imprisonment is reserved for cases of particularly serious crime. It represents the maximum penalty and is only imposed when provided for by criminal law, for example, in cases of murder (§ 211 StGB). In the case of life imprisonment, a convicted person may apply for release on probation for the first time after 15 years.

Fixed-term imprisonment, on the other hand, is regulated in § 38 StGB and applies to all offenses for which the law does not provide for life imprisonment. According to § 38 para. 2 sentence 1 StGB, a custodial sentence may not exceed 15 years. Sentences of less than six months may only be imposed if it is essential due to special circumstances of the offense or the offender's personality (§ 47 para. 2 sentence 1 StGB) – otherwise, fines are imposed in such cases. Sentences of less than one month are not permissible, with exceptions provided by juvenile criminal law.

We advise and represent private individuals in preliminary investigations and criminal proceedings at all levels. Benefit from our many years of experience and our qualifications as criminal defense lawyers in Nuremberg.

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