Two-Thirds Release under § 57 StGB - application, social prognosis and probation

Two-thirds release under § 57 StGB - when early release is possible

A person sentenced to imprisonment in Germany does not always have to serve the entire prison sentence. Under certain conditions, the remaining part of a fixed-term prison sentence can be suspended on probation after the so-called two-thirds date.

This means: the convicted person is released from prison early, but the remaining part of the sentence remains under probation. If probation is completed successfully, the remaining sentence does not have to be served. If new offences are committed or serious probation conditions are violated, probation may be revoked.

For convicted persons and their families, the two-thirds date is therefore a decisive moment. At the same time, it is important to understand: release does not happen automatically. The court examines whether early release can be justified.

"The two-thirds date is not just a date in the sentence calculation. What matters is whether the court can be shown a realistic release plan, stable living conditions and a positive social prognosis."

— Tom Beisel, Attorney at Law (Germany)

Attorney Tom Beisel assists convicted persons and relatives with preparing two-thirds release, submissions to the court and prosecution, problems with the prison administration and the strategy for the probation period.

What does the two-thirds date mean?

The two-thirds date is the point at which two thirds of the imposed prison sentence have been served.

Example:

If the prison sentence is 3 years, the two-thirds date is reached after 2 years.

If the prison sentence is 6 years, the two-thirds date is reached after 4 years.

From this point onward, it can be examined whether the remaining part of the sentence can be suspended on probation. In legal terms, this is called suspension of the remainder of a fixed-term prison sentence.

Is release after two thirds automatic?

No. Two-thirds release is not automatic.

It is therefore not enough that two thirds of the sentence have mathematically been served. The court additionally examines whether release can be justified.

The key question is:

Can it be expected that the convicted person will not commit further offences after release, and is release compatible with the safety interests of the general public?

In practice, this is often the decisive point.

Which requirements apply under § 57 StGB?

For suspension of the remaining sentence after two thirds, several requirements must be met.

Important points include:

• →two thirds of the prison sentence have been served
• →at least two months of imprisonment have been served
• →release is justifiable considering the safety interests of the general public
• →the convicted person consents to release on probation
• →there is a positive social prognosis
• →living conditions after release are clarified
• →conduct in prison does not speak against release

What does the court examine?

The court does not assess the case only in the abstract. It looks at specific circumstances.

Relevant factors may include:

• →personality of the convicted person
• →prior life and previous convictions
• →nature and seriousness of the offence
• →behaviour in prison
• →disciplinary measures in prison
• →work, training or therapy during imprisonment
• →dealing with the offence
• →insight and acceptance of responsibility
• →substance abuse problems
• →psychological stability
• →family ties
• →housing situation after release
• →employment or training
• →debt management
• →contact with old risk circles
• →risk of reoffending
• →probation plan

The better these points are prepared and documented, the stronger the application becomes.

Social prognosis - the central issue

The social prognosis is often the most important factor. The court asks: can it be expected that the person will not commit further offences after release?

A positive social prognosis may be supported by:

• →stable housing
• →reliable family support
• →concrete employment
• →vocational training
• →therapy placement
• →addiction counselling
• →debt counselling
• →positive prison reports
• →conduct without disciplinary issues
• →credible distance from the former criminal environment
• →insight into the wrongfulness of the offence
• →realistic future planning

A negative prognosis may arise from:

• →disciplinary violations
• →violent incidents in prison
• →drug use during imprisonment
• →no release address
• →unclear financial situation
• →return to the old criminal environment
• →lack of insight
• →discontinued therapy
• →outstanding arrest warrants or new investigations

What role does the prison play?

The prison plays an important role in practice. A statement from the prison is often obtained.

This statement may assess:

• →conduct in prison
• →work or training
• →participation in programmes
• →disciplinary behaviour
• →prison leave or relaxations
• →behaviour toward staff and other prisoners
• →assessment of reoffending risk
• →preparation for release
• →sentence plan
• →possible risks

A positive prison statement can significantly strengthen the application. A negative statement can seriously endanger it.

It should therefore be checked early whether there are problematic points in prison and how they can be explained or countered.

What role does the prosecution play?

The prosecution is involved in the sentence enforcement procedure. It may comment on whether the remaining sentence should be suspended.

The prosecution may agree to release, oppose it or raise concerns.

Concerns often arise in cases involving:

• →serious violent offences
• →sexual offences
• →drug offences
• →repeated previous convictions
• →high risk of reoffending
• →lack of insight
• →unclear release situation
• →negative conduct in prison

If the prosecution raises objections, they must be answered factually and legally.

Sentence enforcement chamber - who decides?

The decision on suspension of the remaining sentence is usually not made by the court that originally imposed the sentence. In many cases, the sentence enforcement chamber at the regional court decides.

It examines whether the requirements for two-thirds release are met.

The procedure may involve:

• →convicted person
• →defence lawyer or attorney
• →prosecution
• →prison
• →probation service
• →experts, where applicable
• →sentence enforcement chamber

The procedure usually ends with a court order.

Does an application have to be filed?

In many cases, the two-thirds review is initiated by the court or authorities. Nevertheless, it is often useful not simply to wait, but to act actively and in a prepared manner.

A lawyer-prepared application may be useful if:

• →the prison is critical
• →the prosecution is likely to object
• →there are previous convictions
• →the offence was serious
• →the release situation is not yet clear
• →employment can be proven
• →relatives provide support
• →therapy or counselling has been organised
• →there have been positive developments
• →the convicted person has stabilised during imprisonment

When should preparation begin?

Preparation should not begin only a few days before the two-thirds date.

It is sensible to start several months in advance, because many documents take time.

Important documents may include:

• →release address
• →housing commitment
• →employment contract or job offer
• →vocational training confirmation
• →therapy confirmation
• →addiction counselling
• →debt counselling
• →family support letters
• →proof of contact with probation service
• →sentence plan
• →positive prison certificates
• →proof of work in prison
• →proof of courses or programmes
• →statement on the offence and future planning

The better the release is prepared, the easier it is for the court to assume that reintegration can work.

What belongs in a strong application?

A strong application for suspension of the remaining sentence should not merely state: "Two thirds have been served."

It should show concretely why release is justifiable.

Important points include:

• →calculation of the two-thirds date
• →prison history so far
• →conduct in prison
• →participation in programmes
• →dealing with the offence
• →release address
• →employment or training
• →family support
• →therapy or counselling
• →handling of risks
• →proposed probation conditions
• →willingness to cooperate with probation services
• →documents and evidence

An application without substance appears weak. A structured application with evidence and realistic future planning can significantly improve the chances.

Probation conditions after release

If the remaining sentence is suspended on probation, the court may impose conditions and instructions.

Typical conditions or instructions may include:

• →reporting to the probation officer
• →residence requirement
• →taking up work or proving job search efforts
• →drug testing
• →alcohol abstinence
• →therapy requirement
• →contact bans
• →compensation for damage
• →payment obligations
• →participation in counselling
• →prohibition of certain places or contacts

These conditions must be taken seriously. Anyone who seriously or repeatedly violates probation instructions or conditions risks revocation of probation.

What happens if probation conditions are violated?

Violation of probation conditions can become dangerous. New offences during the probation period are especially risky.

Possible consequences include:

• →warning
• →additional conditions
• →stricter instructions
• →extension of the probation period
• →more intensive probation supervision
• →revocation of probation
• →return to prison to serve the remaining sentence

Half-sentence release instead of two-thirds release - is that possible?

In addition to two-thirds release, release after half of the sentence may be possible in certain cases.

However, half-sentence release is subject to stricter requirements.

It may be relevant if:

• →the person is serving a prison sentence for the first time and the sentence does not exceed two years
• →or special circumstances exist
• →the other requirements for suspension of the remaining sentence are met
• →release can be justified

In practice, half-sentence release is more difficult to obtain than two-thirds release. It must be justified particularly well.

What matters for first-time prisoners?

A person serving a prison sentence for the first time often has better arguments for a positive prognosis. But this is not automatic.

Important factors include:

• →no relevant previous convictions
• →good conduct in prison
• →stable release situation
• →insight
• →family support
• →job or training
• →distance from risk environment
• →no new investigations
• →willingness to cooperate with probation services

Especially for first-time prisoners, early and structured preparation is worthwhile.

What matters in drug offence cases?

In drug offence cases, the court pays particular attention to reoffending risks, addiction issues and social environment.

Important points may include:

• →drug screenings
• →addiction counselling
• →therapy
• →distance from former contacts
• →new place of residence
• →employment
• →debt management
• →credible future planning
• →no drug-related violations in prison

A simple statement that the person will “have nothing to do with it anymore” is often not enough. Concrete evidence and structures are needed.

What matters in violent offence cases?

In violent offence cases, the safety interests of the general public are especially important.

Relevant points include:

• →dealing with the offence
• →anti-violence training
• →therapy or counselling
• →stable conflict management
• →no violent incidents in prison
• →no contact with former conflict persons
• →clear housing and work perspective
• →dealing with alcohol or drugs, if relevant

The more serious the offence, the more important a convincing explanation becomes as to why no new offences are to be expected.

What matters in sexual offence cases?

In sexual offence cases, the review is particularly strict. Expert opinions, therapy, risk analysis and public safety interests often play a major role.

Relevant factors may include:

• →therapeutic work on the offence
• →offence-specific treatment
• →relapse prevention
• →expert opinion
• →supervision after release
• →contact bans
• →housing situation
• →employment
• →handling of risk situations
• →willingness to accept control and therapy

In such proceedings, the application must be prepared particularly carefully. General statements are usually not sufficient.

What if the application is rejected?

If suspension of the remaining sentence is rejected, the case is not always finally lost. The court order must first be reviewed carefully.

Important points include:

• →reasons for rejection
• →assessment of the social prognosis
• →prison statement
• →prosecution statement
• →possible errors in the decision
• →new positive developments
• →waiting period before a new application
• →possibility of immediate complaint
• →realistic prospects of success

Depending on the case, an immediate complaint or a later new application may be useful.

Common mistakes in two-thirds applications

Typical mistakes include:

• →starting preparation too late
• →relying only on the passage of time
• →no release address
• →no employment or realistic plan
• →ignoring prison problems
• →not addressing addiction problems
• →not reflecting on the offence
• →not explaining old contacts and risks
• →not responding to negative statements
• →underestimating probation conditions
• →relatives writing unstructured emotional letters
• →missing deadlines after rejection

How relatives can help

Relatives often play an important role. They can show that a stable environment exists after release.

Helpful support may include:

• →housing opportunity
• →help with job search
• →accompanying the person to appointments
• →family stability
• →clear boundaries toward old risk contacts
• →written support statement
• →help with therapy or counselling
• →organised financial support

However, support letters should be factual. Purely emotional requests are rarely enough.

Which documents does the lawyer need?

For a fast review, the following documents are useful:

• →judgment
• →sentence enforcement plan
• →calculation of the two-thirds date
• →prison documents
• →sentence plan
• →disciplinary reports, if any
• →proof of work or training in prison
• →proof of therapy or courses
• →previous court orders
• →prosecution letters
• →release address
• →rental contract or housing commitment
• →employment contract or job offer
• →support letters from relatives
• →proof of counselling, therapy or abstinence
• →documents regarding open proceedings

The more complete the documents are, the faster it can be assessed whether an application has realistic prospects of success.

FAQ - two-thirds release in Germany

Does two thirds automatically mean release?

No. After two thirds, the court examines whether the remaining sentence can be suspended on probation. The decisive question is whether release can be justified.

Who decides on two-thirds release?

Usually the sentence enforcement chamber decides. Before the decision, the prosecution, prison and convicted person are often heard.

Do I need an application?

The review may be initiated officially. However, a well-prepared application can be useful to clearly present the positive circumstances.

What is a positive social prognosis?

A positive social prognosis means that it can be expected that the convicted person will not commit further offences after release.

What helps with the social prognosis?

Stable housing, employment, therapy, family support, good prison conduct, insight and a realistic plan for life after release.

Can release be denied despite good conduct?

Yes. Good conduct is important, but not the only decisive factor. The court also examines the offence, prior history, risk of reoffending and public safety interests.

What happens after release?

Release takes place on probation. The court may impose conditions and instructions, such as probation supervision, reporting duties, therapy or contact bans.

What happens if new offences are committed during probation?

New offences may lead to revocation of probation. The convicted person may then have to serve the remaining sentence in prison.

Can someone be released after half of the sentence?

In special cases, yes. Half-sentence release is more difficult to obtain and must be justified particularly well.

What should be done if the application is rejected?

The decision should be reviewed immediately. Depending on the case, an immediate complaint or a later new application may be possible.

Contact - lawyer for two-thirds release and sentence enforcement

Are you or a relative approaching the two-thirds date? Has the prison issued a critical statement? Is the prosecution objecting? Was the application rejected?

Attorney Tom Beisel reviews the chances of suspension of the remaining sentence, prepares the application, structures the release plan and represents clients in sentence enforcement proceedings.

• →Mobile: +49 172 8974716
• →Office: 0201 4517 380
• →Email: kanzlei@rechtsanwalt-beisel.de
• →Address: Bredeneyer Str. 2b, 45133 Essen

Criminal law representation in German, English and Russian - clear, personal and nationwide.