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Preventive detention

Conditional release from preventive detention and the annual review under sections 25, 47 StGB

Conditional release from preventive detention and the annual review: the check of the court’s own motion under section 25 para 3 StGB and release under section 47 StGB.

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Mag. Christopher Angerer, Rechtsanwalt

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26 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Anyone placed in a custodial preventive measure, or who has a relative in preventive detention, asks early about the end: when is release possible and who decides on it? Unlike a prison sentence, there is no duration fixed in the judgment here. The measure lasts in principle for as long as its purpose requires.

This post explains the periodic check and conditional release. Under section 25 para 3 StGB the court reviews at least once a year, of its own motion, whether the continued placement is still necessary. Section 47 StGB governs conditional release where it can be assumed that dangerousness no longer exists. The standard is always the dangerousness prognosis, not the mere lapse of time.

What is your concern?

Annual review, release, probation or refusal?

The measure is reviewed continuously, not imposed for a fixed period. Choose the topic that concerns you right now and you will receive an assessment with concrete first steps and the matching in-depth reading.

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01 Question 1

What is your concern about the review of preventive detention?

A custodial preventive measure is not imposed for a fixed period but enforced only as long as its purpose requires. At least once a year the court reviews of its own motion whether the placement is still necessary. Choose what your concern is right now.

All paths at a glance

Overview of all answers.

01

The court reviews at least once a year, of its own motion, whether the placement is still necessary (section 25 para 3 StGB).

Under section 25 StGB preventive measures are enforced only as long as their purpose requires. There is therefore no fixed duration set in the judgment, but an ongoing check. Under section 25 para 3 StGB the court must review at least once a year, of its own motion, whether the continued placement is still necessary. The one year period runs from the last decision at first instance. If dangerousness ceases, the person is to be released; otherwise the measure remains in place.

What to do now: First, keep the running of the one year period in view, as it ties to the last decision at first instance. Second, document the circumstances relevant to the prognosis, such as treatment progress. Third, examine whether an application for conditional release makes sense even before the next date.

In depth: preventive detention at a glance →
02

Conditional release under section 47 StGB requires that dangerousness no longer exists.

Conditional release from a custodial preventive measure is governed by section 47 StGB. It comes into consideration where it can be assumed that the dangerousness which led to the placement no longer exists. The standard is therefore the dangerousness prognosis, not the lapse of a particular period. With conditional release the court orders a probation period and may provide for instructions as well as probation assistance to accompany the transition.

What to do now: First, gather the basis for a favourable prognosis, such as the course of therapy and a stable social environment. Second, develop a clear picture of life after release, because instructions tie into it. Third, prepare the application with the next review date in view.

In depth: preventive detention at a glance →
03

With conditional release the court orders a probation period and may provide for instructions and probation assistance (section 47 StGB).

Conditional release is not a final termination of the measure but a release under conditions. Under section 47 StGB the court orders a probation period. It may additionally issue instructions and order probation assistance. Instructions often tie into continued treatment or to the conduct of life and are meant to keep dangerousness durably low. Only when the requirements of the measure cease is it to be lifted; otherwise the framework of conditional release remains in place.

What to do now: First, go through the prospective instructions early so that they are realistically achievable. Second, use the cooperation with probation assistance as an opportunity, not merely an obligation. Third, comply with every condition precisely, because breaches endanger the probation period.

Neighbouring topic: imprisonment at a glance →
04

If conditional release is refused, the measure remains in place and is reviewed again at the latest at the next annual review.

If the court denies that dangerousness has ceased, the placement remains. That does not mean the end of the procedure: under section 25 para 3 StGB the necessity of the continued placement is to be reviewed again at least once a year, of the court’s own motion, counted from the last decision at first instance. As soon as the requirements of the measure cease, it is to be lifted; otherwise a conditional or final release comes into consideration. The current dangerousness prognosis always remains decisive.

What to do now: First, evaluate the reasoning of the refusing decision closely to identify the decisive points. Second, work in a targeted way on the risk factors named there, for instance by continuing treatment. Third, prepare the next annual review and keep in view when the one year period runs out.

In depth: preventive detention at a glance →

The annual review under section 25 para 3 StGB

Under section 25 StGB preventive measures are enforced only as long as their purpose requires. There is therefore no duration fixed in the judgment at the end of which release follows automatically. In place of a fixed period comes the ongoing check of necessity. If the dangerousness that led to the placement ceases, the person is to be released.

The core of this check is section 25 para 3 StGB. Under it the court must review at least once a year, of its own motion, whether the continued placement is still necessary. This review does not have to be applied for separately; it takes place in any event. The one year period runs from the last decision at first instance, so the next review date can be determined reliably.

For the person placed and their relatives it is important to know how the period runs and to prepare the review. The decisive factor is the current dangerousness prognosis, into which the course of treatment and the prospects for a life outside the facility feed, for example. Those who carefully document these foundations go into the next date well informed.

Conditional release under section 47 StGB

Conditional release from a custodial preventive measure is governed by section 47 StGB. It comes into consideration where it can be assumed that the dangerousness on account of which the person was placed no longer exists. The decisive factor is therefore the prognosis about future conduct, not the reaching of a particular minimum duration.

Conditional release does not terminate the measure definitively but releases under conditions. The court orders a probation period and may additionally issue instructions as well as provide for probation assistance. Instructions often tie into the continuation of treatment or to the conduct of life. They are intended to ensure that the favourable prognosis also holds outside the facility.

If the requirements of the measure as a whole no longer exist, it is to be lifted. Otherwise the decision moves between continuation of the placement and conditional or final release. In every case the dangerousness prognosis stands at the centre, which is why a comprehensible presentation of treatment progress and of the social environment is central.

Review and release compared

Annual review and conditional release side by side

Both steps concern the end of preventive detention but start at different points. The overview places the most important points side by side.

Comparison of annual review (section 25 para 3 StGB) and conditional release (section 47 StGB)
Feature Annual review Conditional release
Basis Provision Section 25 para 3 StGB Section 47 StGB
Occasion Trigger Of the court’s own motion, at least once a year Dangerousness can be assumed to have ceased
Period Temporal anchor One year period from the last decision at first instance No fixed duration, prognosis dependent
Standard What is examined Is the continued placement still necessary Does dangerousness no longer exist
Consequence Outcome Continuation or release Probation, instructions and probation assistance possible

The annual review is the ongoing framework within which a conditional release can also be decided. Both rest on the current dangerousness prognosis.

Dangerousness prognosis and preparation in practice

At the centre of every decision on continuation or release stands the dangerousness prognosis. It is examined whether it can be assumed that dangerousness no longer exists. What counts here is not abstract declarations but comprehensible circumstances such as the course of treatment, insight into the underlying offence and a stable environment after release.

Anyone seeking a conditional release is best advised to prepare early. It helps to document treatment progress, to develop a realistic picture of life after the measure and to think through possible instructions. Since the court can order instructions and probation assistance, a clear plan makes the favourable prognosis easier.

If release is refused, that is not an end point. The next annual review follows of the court’s own motion, counted from the last decision at first instance. The time until then can be used to work on the risk factors named. In every phase legal support is sensible so that applications and documents are aligned with the right standard.

Frequently asked questions

What people often ask about the review of preventive detention.

How often is preventive detention reviewed? +

Under section 25 para 3 StGB the court must review at least once a year, of its own motion, whether the continued placement is still necessary. The one year period runs from the last decision at first instance. The review takes place in any event and does not have to be applied for separately.

Does the measure have a fixed maximum duration? +

Under section 25 StGB preventive measures are enforced only as long as their purpose requires. There is therefore no duration fixed in the judgment as with a prison sentence. If dangerousness ceases, the person is to be released. The decisive factor is the necessity of the placement, which must be checked continuously.

Under what conditions is conditional release possible? +

Conditional release under section 47 StGB comes into consideration where it can be assumed that dangerousness no longer exists. The decisive factor is the dangerousness prognosis, not the lapse of a particular period. In doing so the court orders a probation period and may provide for instructions as well as probation assistance.

What does the probation period mean in conditional release? +

Conditional release does not terminate the measure definitively but releases under conditions. Under section 47 StGB the court orders a probation period and may issue instructions as well as order probation assistance. Instructions often tie into the continuation of treatment or to the conduct of life.

What happens if conditional release is refused? +

If the court denies that dangerousness has ceased, the placement remains in place. The procedure does not end with that, however: under section 25 para 3 StGB the necessity of the continued placement is to be reviewed again at least once a year, of the court’s own motion. As soon as the requirements cease, the measure is to be lifted.

In depth

Further topics on preventive detention

Preventive detention at a glance

The focus page on placement, treatment and review in preventive detention.

Placement under section 21 StGB

The journal post on placement in a facility in the case of a serious mental disorder.

Addiction treatment under section 22 StGB

The journal post on the placement of offenders in need of weaning and on the maximum duration.

Imprisonment at a glance

The focus page on imprisonment as a neighbouring topic, for instance conditional release from a prison sentence.

Topics
massnahmenvollzugbedingte-entlassunggefaehrlichkeitsprognoseparagraph-25-stgbparagraph-47-stgb

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