This is possible under certain conditions, because if circumstances subsequently become known that would have led to a more lenient sentence, the court must reduce the sentence. This applies, for example, to the completion of aggression therapy or the subsequent compensation of damages. In such cases, the court has the option of converting custodial sentences into fines, reducing the custodial sentence or the amount of the fine imposed, or granting conditional leniency. The amount of the fine may also be reassessed if the personal circumstances or economic capacity of the sentenced person have deteriorated significantly (through no fault of his or her own). Conversely, an increase in the sentence is not provided for in the event of the subsequent occurrence of aggravating circumstances.
The granting of mitigation is not a mere discretionary decision of the court – if the requirements are met, there is a legal right to it.
