Commencement of serving a sentence
December 27, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
I filed for personal bankruptcy on 15.09. Two weeks later, the bankruptcy was opened and is currently ongoing. On 18.11.2009, I received a summons from the prosecutor's office to begin serving a sentence. Can I expect to be sentenced to imprisonment, or will the delay be recognized due to the early bankruptcy application?
Dear inquirer,
Thank you for your inquiry!
I would like to address your question in consideration of the situation you have described as follows:
The letter from the public prosecutor's office is an order to start serving a sentence. Unfortunately, this usually means imprisonment, unless the letter indicates otherwise.
Whether it is an imprisonment should also be apparent from the judgment or the penal order that usually precedes the order to start serving the sentence.
Filing for bankruptcy does not generally have an impact on serving a sentence. Reasons for a postponement of imprisonment would mainly be serious health problems/illnesses, which do not seem to be the case in your situation.
Please find below the relevant legal provision for better understanding:
§ 906 StPO
Postponement of Imprisonment
If a debtor's health is exposed to a imminent and significant danger by the execution of the imprisonment, the imprisonment shall not be executed as long as this condition persists.
I would like to point out the following to you:
The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the circumstances.
Therefore, by adding or omitting relevant information, a completely different legal assessment may result.
I hope that my explanations have been helpful to you. You are welcome to contact me through the follow-up option on this platform or via my email address.
Wishing you a pleasant Sunday afternoon!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
