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Trial

Suspended sentence in Germany: conditions and revocation

Author: Rechtsanwältin Virginia Elisabeth von Burgsdorff
Published: 23 July 2026
Last updated: 10 August 2026
Topics: Trial
8 minute read: 8 minute read

A Bewährungsstrafe is not a type of penalty in its own right. The court imposes a prison sentence and suspends its enforcement on Bewährung (a set period during which the sentence is not enforced and conditions apply). Where the prison sentence is not more than one year, the court suspends enforcement under § 56 Abs. 1 StGB if it is to be expected that the convicted person will let the conviction alone serve as a warning and will commit no further offences even without the effect of imprisonment. Where the sentence is higher but does not exceed two years, the court may suspend enforcement under § 56 Abs. 2 StGB if special circumstances are present. Whether those requirements are met is for the court alone to assess; nobody can give an assurance about it.

What a Bewährungsstrafe is in legal terms

The sentence is pronounced and it stands. Only its enforcement rests for the duration of the Bewährungszeit (the period of the suspension). § 56 Abs. 4 StGB makes clear that the suspension cannot be limited to part of the sentence. Either the suspension applies to the whole sentence or not at all.

For prison sentences of more than one year and up to two years, § 56 Abs. 2 StGB additionally requires special circumstances arising from an overall assessment of the offence and of the personality of the convicted person. And § 56 Abs. 3 StGB contains a bar in the other direction: where a person is sentenced to imprisonment of at least six months, enforcement is not suspended if the defence of the legal order requires it to be enforced.

The level of the sentence itself is fixed under § 46 StGB. The basis is guilt; the matters to be weighed include the motives, the manner of commission, the effects of the offence, the person's previous record and their conduct after the offence.

How long does the Bewährungszeit last?

The court sets the length of the Bewährungszeit. Under § 56a Abs. 1 StGB it may not exceed five years and may not be less than two years. It begins when the decision on the suspension becomes final and may afterwards be shortened down to the minimum or, before it expires, extended up to the maximum (§ 56a Abs. 2 StGB).

Auflagen and Weisungen are not the same thing

These two terms get mixed up in everyday use, although they serve different purposes.

Auflagen (conditions imposed as a form of reparation) serve, under § 56b Abs. 1 StGB, to provide satisfaction for the wrong committed. § 56b Abs. 2 StGB names four possibilities: to make good, as far as possible, the damage caused by the offence, to pay a sum of money in favour of a charitable institution, to perform other community service, or to pay a sum of money in favour of the public purse. The court should impose the last three of these only in so far as complying with them does not conflict with making good the damage.

Weisungen (directions about how the person is to conduct their life) serve a different purpose. The court issues them under § 56c Abs. 1 StGB where the convicted person needs this help in order to commit no further offences. § 56c Abs. 2 StGB names, among other things, directions about residence, education, work or leisure, duties to report to the court or to another body, prohibitions on contact and the direction to undergo treatment.

When is a Bewährungshelfer appointed?

Under § 56d Abs. 1 StGB the court places the convicted person, for the whole or part of the Bewährungszeit, under the supervision and guidance of a Bewährungshelfer (a court-appointed supervisor who both supports and monitors the person), where this is indicated in order to keep them from committing offences. Under § 56d Abs. 2 StGB this is as a rule done where a prison sentence of more than nine months is suspended and the convicted person is not yet 27 years old.

The double role of the Bewährungshilfe is set out in § 56d Abs. 3 StGB: it stands by the convicted person, helping and caring for them, but in agreement with the court it also monitors compliance with the Auflagen and Weisungen and reports on the person's conduct of life. Anyone who overlooks this underestimates the weight a report from the Bewährungshilfe carries in revocation proceedings.

When is the Bewährung revoked?

§ 56f Abs. 1 StGB names three grounds for revocation. The court revokes the suspension where the convicted person commits an offence during the Bewährungszeit and thereby shows that the expectation on which the suspension was based has not been fulfilled; where they grossly or persistently breach Weisungen or persistently evade supervision and guidance and thereby give reason to fear that they will commit further offences; or where they grossly or persistently breach Auflagen.

Two words matter here: grossly or persistently. A single missed appointment is something different from months of not turning up. Anyone who cannot pay a sum of money imposed as an Auflage should not simply sit it out but should inform the court or the Bewährungshilfe before the time limit expires.

§ 56f Abs. 2 StGB expressly provides alternatives. The court refrains from revoking where it is sufficient to impose further Auflagen or Weisungen, in particular to place the convicted person under a Bewährungshelfer, or to extend the period of suspension or of supervision. In the case of an extension, the Bewährungszeit may not be extended by more than half of the period originally set. What happens to what has already been performed is governed by § 56f Abs. 3 StGB in two steps. It is not refunded. But where the court revokes the suspension, it may set it off against the sentence, namely performance in fulfilment of Auflagen under § 56b Abs. 2 Satz 1 Nr. 2 bis 4 StGB: payment to a charitable institution, other community service and payment to the public purse. For making good the damage under number 1, the law does not provide for this set-off.

How do revocation proceedings work?

The court decides on revocation under § 453 Abs. 1 StPO by order without an oral hearing. The Staatsanwaltschaft (the public prosecution office) and the convicted person are to be heard. Where the court intends to revoke because of a breach of Auflagen or Weisungen, it should give an opportunity for an oral hearing.

The order can be challenged, but not in every respect. Under § 453 Abs. 2 Satz 1 StPO a Beschwerde (an appeal to the higher court) is admissible against decisions under subsection 1. Satz 2 restricts it considerably: it can be based only on the ground that an order made is unlawful or that the Bewährungszeit has been extended after the event. Whether an Auflage is appropriate cannot be challenged in this way.

The position is different for the revocation itself. The revocation of the suspension, the remission of the sentence and the revocation of that remission can be challenged under § 453 Abs. 2 Satz 3 StPO by way of sofortige Beschwerde (an appeal that must be lodged within a fixed short period). It must be lodged within one week, and the period begins when the decision is made known (§ 311 Abs. 2 StPO). Anyone who receives such a decision should therefore record the date and not leave the matter lying. Instruction about the meaning of the Bewährung and about later decisions is to be given under § 453a StPO.

What happens at the end of the Bewährungszeit?

If the court does not revoke the suspension, it remits the sentence once the Bewährungszeit has expired (§ 56g Abs. 1 StGB). That remission is not finally beyond challenge: under § 56g Abs. 2 StGB the court may revoke the remission where the convicted person is sentenced to imprisonment of at least six months for an intentional offence committed during the Bewährungszeit. That decision is tied to further time limits which are set out in the provision itself.

Bewährung after imprisonment has begun

Someone who is serving a prison sentence can also obtain suspension of the remainder. Under § 57 Abs. 1 StGB the court suspends enforcement of the remainder of a fixed-term prison sentence on Bewährung where two thirds of the sentence imposed, but at least two months, have been served, where this can be justified having regard to the security interests of the general public, and where the convicted person consents. § 57 Abs. 2 StGB allows, under narrower conditions, suspension after half of a fixed-term prison sentence has been served, but at least six months. The court decides on the suspension under § 454 Abs. 1 Satz 1 StPO by order without an oral hearing. Without an oral hearing does not mean without being heard: under § 454 Abs. 1 Satz 3 StPO the convicted person is to be heard orally. Satz 4 lists the cases in which this may be dispensed with.

To be distinguished from Bewährung is Führungsaufsicht (supervision of conduct ordered in addition to the sentence). Under § 68 Abs. 1 StGB the court may order it alongside the sentence where a person has incurred a fixed-term prison sentence of at least six months for an offence for which the law specifically provides for Führungsaufsicht and there is a risk of further offences.

Frequently asked questions

Up to what level of sentence is Bewährung possible at all?

Up to a prison sentence of two years. Where it is not more than one year, suspension is governed by § 56 Abs. 1 StGB; where it is more than one year and at most two years, by § 56 Abs. 2 StGB, which additionally requires special circumstances. Above two years the law does not provide for suspension.

Is a Bewährungsstrafe a previous conviction?

Yes. It is a conviction to a prison sentence whose enforcement is suspended. What follows from that for the Führungszeugnis (a certificate of conduct issued from the register on application) is explained in our guide on when you have a criminal record.

Does every new offence lead automatically to revocation?

No. § 56f Abs. 1 Nr. 1 StGB requires that the new offence shows that the expectation on which the suspension was based has not been fulfilled. Under § 56f Abs. 2 StGB the court also refrains from revoking where further Auflagen or Weisungen or an extension are sufficient. How that turns out in an individual case cannot be said in advance.

I have not paid the sum of money imposed as an Auflage. What now?

A breach of an Auflage is a ground for revocation under § 56f Abs. 1 Nr. 3 StGB only where it is gross or persistent. Anyone who cannot pay for financial reasons should disclose that to the court rather than let the deadline pass. Before revoking because of a breach of an Auflage, the court should give an opportunity for an oral hearing under § 453 Abs. 1 StPO.

This information is general in nature and does not replace advice on an individual case. It reflects the statutory texts as checked on 10 August 2026.