Strafzeit

Strafzeit is a legal term used in German-speaking criminal law to denote the duration of punishment that a convicted person is required to serve. It refers to the actual time a person must spend in custody to fulfill the sentence pronounced by a court, most commonly a prison term, but it can also relate to other custodial measures. The Strafzeit is determined by the court in the sentence and is counted in days, months, or years.

Calculation and start of the Strafzeit: The Strafzeit begins when the sentence becomes legally enforceable and the person is taken into custody to begin serving the term. It can be affected by credits for time already spent in pre-trial detention, known as anrechnung der Untersuchungshaft, which can reduce the remaining Strafzeit. If the court imposes a sentence with probation (Bewährung), part or all of the Strafzeit may be suspended, meaning no prison time need be served unless probation terms are violated. If probation is revoked, the remaining Strafzeit becomes due and must be served.

Execution and scope: The Strafzeit is ordinarily served in a prison under the authority of the penal system (Vollzug der Freiheitsstrafe). In some jurisdictions, non-custodial penalties may apply, but the term Strafzeit typically refers to time spent in custody to satisfy the sentence. Early release or parole can alter when a person leaves prison, but the time served remains counted as Strafzeit.

Context and variations: The term is used in Germany, Austria, and parts of Switzerland, with similar concepts in their respective penal systems. While the general idea is consistent, specific rules for counting time, credits, and release depend on national law and the particulars of each case.