A life sentence is not a fixed term

By Dr. Julius Hagen, Attorney at Law

A life sentence is not a fixed term

Murder under Section 211 of the German Criminal Code is generally punishable by life imprisonment. The figure of 15 years therefore does not define the sentence. It marks the earliest point at which release on parole may be reviewed under Section 57a.

Several decisions must be kept separate. The judgment determines the sentence. The trial court may also find a special gravity of guilt. Only later, in the sentence-enforcement proceedings, is it decided whether release can be justified in view of public safety.

What special gravity of guilt means

Special gravity of guilt is not an automatic addition to every murder conviction and does not simply repeat the finding of guilt. The court assesses the overall picture of the offence together with the offender’s personal responsibility. The threshold is reached only where the case is markedly more serious than an ordinary murder case.

The assessment may take account of an exceptionally reprehensible motive or manner of execution, several victims, or further serious offences closely connected with the killing. Conduct after the offence may also matter where it goes beyond legitimate defence and bears on the assessment of guilt or dangerousness. No single circumstance decides the issue by itself.

The judgment sets the starting point

Whether the prosecution has proved murder belongs to the murder page within this cluster. For sentencing consequences, the focus then shifts to the facts actually established in the judgment and the way the court evaluated them. Defence work must therefore address the basis for any special-gravity finding, not only the conviction itself.

This includes the reconstruction of the events, the relationship between several contributions to the offence and the interpretation of conduct afterwards. The finding must be grounded in the evidence and the individual culpability of the accused; a general description taken from the indictment is not enough.

What is reviewed after 15 years

Section 57a provides for suspension of the remainder of a life sentence where 15 years have been served, continued imprisonment is not required because of the special gravity of guilt, and release can be justified in light of public safety. The prisoner must also consent. A favourable risk assessment alone does not guarantee release.

The later decision focuses more closely on development in custody, living conditions and the risk of reoffending. Special gravity belongs to the judgment; the risk assessment is made in the sentence-enforcement proceedings. Any planning must therefore take account of the judgment, the time already served and the material available for the prognosis.

What should be preserved now

Keep the judgment, indictment and any decision on special gravity of guilt in full.

Review the reasoning to identify which facts support the finding and which passages remain at the level of general assessment.

Organise records concerning personal development, custody and social ties where later sentence-enforcement proceedings may become relevant.

Do not promise a release date before the judgment, time served and prognosis material have been assessed together.