In contrast to a conditional suspended sentence, where the sentence is not executed in the first place, conditional release means that only after a certain part of the sentence has been served is the remaining part not executed. This part of the sentence that is not executed is conditionally suspended again under the provision of a probationary period. Thus, if a person is sentenced to an (unconditional) term of imprisonment, he or she must begin serving his sentence.
Such a conditional release is possible at the earliest only after half of the imposed prison sentence has been served, although the sentence must have been served for at least 3 months. It is also a prerequisite that it can be assumed that the convicted person will be deterred from committing criminal acts by the conditional release no less than by continuing to serve the sentence (special prevention).
Exceptionally – namely, if the offense is so serious that further execution of the sentence is necessary to counteract the commission of criminal acts by others (general prevention) – conditional release may be declined despite the existence of the above-mentioned requirements. However, after 2/3 of the imposed prison sentence at the latest, these general prevention considerations no longer play a role.
Persons sentenced to life imprisonment may not be conditionally released until they have served fifteen years, provided that it can be assumed that they will not commit any further criminal acts.
