Legal probation after deferred retrospective preventive detention. Implications for the amended regulations on preventive detention

Abstract

The study examines the legal probation of offenders who are considered to be highly dangerous but due to the decision of the Federal High Court were not in retrospective preventive detention (A A 66b StGB). In view of the current discussion, in anticipation of a detailed presentation of the study results the relevant criteria "probation behavior", "personality characteristics" and "prognosis quality" are picked out. The results are evaluated with respect to knowledge of the restrictions conditioned by the study regarding the usefulness for the prognosis of reoffending. The results of this study suggest that it might be useful to describe psychological criteria for the not seriously reoffending group of probands.