Postponement of a prison sentence under section 6 StVG: when the start can be deferred

Important personal reasons under section 6 no 1 StVG are, for example, visiting a relative who is critically ill or injured, attending a funeral or settling important family matters. This ground for postponement is narrowly limited: it comes into consideration only if the prison sentence to be served does not exceed three years. The postponement may last at most one month. The period runs from the day on which the sentence would otherwise have had to be started.

What to do now: First, check whether the sentence stays within the limit of three years; otherwise this route is excluded. Second, document the personal reason, for instance by a medical confirmation or proof of the funeral date. Third, file the application in good time before the date for starting the sentence and plan realistically for the narrow period of at most one month.

Under section 6 no 2 lit a StVG the execution may be postponed where, having regard to future livelihood, the business, the maintenance of relatives or making good a loss, postponement appears more expedient than immediate execution. This ground too is limited: it applies only if the prison sentence does not exceed one year. The postponement may then last at most one year. In addition, section 6 no 2 lit b StVG provides for a postponement on military service grounds on application of the military authority.

What to do now: First, clarify whether the sentence is within the one-year limit. Second, set out the economic or social reason in a comprehensible way, that is why the later execution is more expedient, for instance to secure the business or maintenance. Third, file the application within the deadline and use the possible period of up to one year sensibly for the arrangements.

Where an illness is at the centre, section 6 StVG is not the fitting ground for postponement. For health-related obstacles section 5 StVG provides for the postponement on grounds of unfitness for imprisonment. This concerns cases in which the state of health does not currently allow the execution of the prison sentence. It is a separate ground for postponement with different requirements from the personal or economic reasons of section 6 StVG. The two types of postponement should therefore be kept cleanly apart.

What to do now: First, have the state of health documented medically so that unfitness for imprisonment can be substantiated. Second, have it examined whether section 5 StVG applies or whether a ground under section 6 StVG comes into consideration alongside it. Third, compile the documents early, because the assessment relies on the medical evidence submitted.

A postponement is no lasting protection against execution. Under section 6 para 4 StVG the postponement must be revoked if the convicted person breaches court directives, attempts to flee or is strongly suspected of having committed a new offence. In these cases the basis of the postponement falls away and the sentence must be started. Anyone who has obtained the postponement should keep to the conditions during the granted time and do nothing that triggers revocation.

What to do now: First, note precisely which court directives are attached to the postponement and comply with them. Second, take no actions that could be assessed as an attempt to flee or a new offence. Third, where the conditions are unclear, ask in good time so that the postponement is not lost through a misunderstanding.