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Measures of improvement and security
Criminal defense attorney Munich

Odeonsplatz 2 | 80539 München SOS +49 (0) 160 96 86 40 11 info@h2-rechtsanwaelte.de WhatsApp Chat

A system of sanctions alongside the instrument of punishment

Measures of Reform and Security

The “Measures of Reform and Security” are not anchored in the Narcotics Act, but in general criminal law (§§ 61 ff. StGB). This is a system of sanctions that is applied alongside the instrument of punishment – ​​namely when, from the court’s perspective, the imposition of a penalty is not sufficient as a sanction to effectively prevent future unlawful acts by the respective offender. A penalty can, for example, be a prison sentence. For example, it may also be inadequate if an offender suffers from a mental illness, meaning that no guilt can be charged, but it is assumed that he or she will commit further criminal offenses in the future.

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or other restrictions, WE WILL HELP IMMEDIATELY.

  1. Remain calm
  2. Remain silent about the charges
  3. Contact a criminal defense attorney
  4. Do not sign anything
  5. Objection to identification measures
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What measures of reform and security are there?

The measures of reform and security are purely preventive measures – the Criminal Code contains a total of six such measures:

The purpose of criminal law also lies in the preventive protection of legal interests: In principle, all measures of reform and security are intended to protect the public from further crimes.

The deprivation of liberty measures “placement in a rehabilitation facility” and “placement in a psychiatric hospital” also serve to treat offenders. For example, if a drug addict commits a crime while intoxicated and there is a risk of repetition, then placing him in a rehabilitation facility protects the public from further crimes on his part; At the same time, the offender in question can overcome his or her drug addiction through therapy in a rehabilitation facility.

The principle of proportionality applies to every measure of reform and security (Section 62 of the German Criminal Code).

For a court order for the deprivation of liberty measures “placement in a detoxification facility” and “placement in a psychiatric clinic,” several requirements must be met:

  • A criminal offense must have been committed—either under the Narcotics Act (BtMG) or the Criminal Code (StGB).
  • For placement in a psychiatric clinic, the person in question must have committed an unlawful act while incapacitated or with diminished criminal responsibility.
  • For placement in a detoxification facility, a defendant must have a propensity for excessive consumption of alcohol or narcotics, and this propensity must be the cause of the offense.
  • There must be a reasonable probability that the defendant will commit serious crimes again due to their drug addiction (narcotics dependence) or due to their mental state.
  • For treatment, there must be sufficiently concrete prospects of success exist.

Measures of Correction and Security in Narcotics Act Proceedings

How does H2 Attorneys at Law act in the best interests of its clients?

In numerous narcotics cases handled by H2 Attorneys at Law in Munich as criminal defense attorneys specializing in drug law, the measure of correction and security, “revocation of a driver’s license,” is threatened in addition to the actual sentence. As specialists in the Narcotics Act, our attorneys use every legal opportunity to ensure that their clients are allowed to retain their driver’s license.

When it comes to measures depriving them of their freedom, H2 Attorneys at Law is primarily confronted with the threat of detention in a rehabilitation center and the threat of detention in a psychiatric hospital in court proceedings involving narcotics offenses. Typically, the defense goal of our criminal defense attorneys in these cases is to obtain “therapy instead of punishment” under Section 35 of the Narcotics Act, so that their client can remain free. Among other things, this involves convincing the court that their client no longer poses a threat to the public. Providing such evidence is sometimes very time-consuming, but as experienced criminal defense attorneys with many years of experience in drug law and general criminal law, we know exactly what to do. Our attorneys develop the most promising criminal defense strategy for each individual case – in close cooperation with the highly specialized team of attorneys at H2 Attorneys at law.

The most important tip in criminal law – Measures of improvement and security

REFUSE TO TESTIFY, CONTACT A LAWYER

The most important tip applies to drug law (Measures of improvement and security) just as it does to general criminal law: Accused persons should not testify. Indiscriminate statements usually lead to self-incrimination, which greatly complicates the defense’s subsequent work.

Instead, those affected should refuse to testify and immediately call H2 Attorneys at Law in Munich. The attorneys are available 24/7 via the emergency number. Our drug law specialists will develop a prudent trial strategy.

These considerations also include questions such as:

  • Is therapy considered instead of punishment under Section 35 of the Narcotics Act?
  • Can measures of reform and security be avoided?
  • Is the leniency program under Section 31 of the Narcotics Act suitable?