Section 452
Right to grant pardon
The right to grant pardon shall be vested in the Federation in cases decided at first
instance in the exercise of jurisdiction by the Federation; in all other cases, it shall
be vested in the
Länder
.
Section 453
Subsequent decision on suspension of sentence on probation or warning with
sentence reserved
(1) Subsequent decisions on suspending the remainder of a sentence on probation
or issuing a warning with sentence reserved (sections 56a to 56g, 58, 59a and 59b
of the Criminal Code) shall be given by the court, with no oral hearing, in an order.
The public prosecution office and the defendant shall be heard. Section 246a (2)
and section 454 (2) sentence 4 shall apply accordingly. If the court has to decide on
revoking the suspension of sentence due to non-compliance with conditions or
directions, it shall give the convicted person the opportunity to be heard orally.
Where a probation officer has been appointed, the court shall inform him if a
decision on the revocation of suspension of sentence or of remission of sentence is
being considered; the court shall give him information obtained from other criminal
proceedings if the objective of probationary supervision makes this seem
appropriate.
(2) A complaint shall be admissible against decisions pursuant to subsection (1).
The complaint may be based only on the ground that an order made is unlawful or
that the probation period has been subsequently extended. Revocation of
suspension, remission of sentence, revocation of remission, imposing a sentence
reserved and an order that a warning shall be sufficient (sections 56f, 56g and 59b
of the Criminal Code) may be contested by immediate complaint.
Section 453a
Instruction on suspension of sentence or warning with sentence reserved
(1) If the defendant was not instructed pursuant to section 268a (3), such instruction
shall be given by the court competent to give the decision pursuant to section 453.
The presiding judge may entrust a commissioned or a requested judge with giving
such instruction.
(2) The instruction shall be given orally, except in cases of minor significance.
(3) The defendant shall also be instructed in respect of the subsequent decisions.
Subsection (1) shall apply accordingly.
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