Service provided by the Federal Ministry of Justice and Consumer Protection
and the Federal Office of Justice ‒
www.gesetze-im-internet.de
Page 198 of 220
section 453, in full or in part, to the local court in whose district the convicted person
has his domicile or, if he has no domicile, his habitual residence; the referral shall be
binding. In derogation from subsection (1), the court of first instance shall be
competent in the cases referred to therein if it has reserved preventive detention,
and a decision thereon pursuant to section 66a (3) sentence 1 of the Criminal Code
is still possible.
(3) In the cases under section 460, the court of first instance shall decide. If
judgments were pronounced by different courts, the decision shall be given by the
court which imposed the severest type of penalty or, in the case of penalties of the
same type, the highest sentence and, if more than one court was then competent,
the decision shall be given by the last court to pronounce judgment. If the relevant
judgment was pronounced by a court of higher instance, the court of first instance
shall determine the aggregate sentence; if one of the judgments was pronounced by
a higher regional court of first instance, the higher regional court shall fix the
aggregate sentence. If a local court would be competent to determine the aggregate
sentence and if its sentencing power is not sufficient, the criminal division of its
superior regional court shall decide.
(4) If different courts have imposed a final sentence on the convicted person in
cases other than those designated in section 460 or if they have given him a
warning with sentence reserved, only one such court shall be competent for the
decisions to be given pursuant to sections 453, 454, 454a and 462. Subsection (3)
sentences 2 and 3 shall apply accordingly. In the cases under subsection (1), the
criminal chamber responsible for enforcement of sentences shall decide; subsection
(1) sentence 3 shall remain unaffected.
(5) The court of first instance shall decide in lieu of the criminal chamber responsible
for enforcement of sentences if the judgment was pronounced by a higher regional
court of first instance. The higher regional court may entirely or partially refer the
decision to be given pursuant to subsections (1) and (3) to the criminal chamber
responsible for enforcement of sentences. The referral shall be binding; it may,
however, be revoked by the higher regional court.
(6) The court of first instance in the cases under section 354 (2) and under section
355 shall be the court to which the case has been referred back and, in the cases in
which a decision was given in reopened proceedings pursuant to section 373, the
court which gave that decision.
Do'stlaringiz bilan baham: