English Translation

The disciplinary superior then knows the view of the judge, but remains free in his decision. The disciplinary supervisor can also completely refrain from punishment in appropriate cases if this does not endanger the husband's husbandry. 6. Arrest warrant; credit for the detention. After a provisional arrest, an arrest warrant must be issued without delay; otherwise, the provisional arrest must be lifted again. §§ 64, 107 KStvo is referred to because of the crediting of pre-trial detention and other deprivation of liberty (time of the provisional detention). Also the non-amechning of pretrial detention or other deprivation of liberty is to be expressed in the sentence formula. For the reasons of the judgment it must be ascertained why a credit has been paid or not. It is advisable to determine the period of detention to be charged after weeks and months. If it is determined that the detention is fully counted, it is often difficult to calculate the time when the relevant dates of the commencement of the deprivation of liberty and the delivery of the judgment are not recorded in detail. According to § lo7 para.3 the sentence period of the sentenced or arrested offenders is calculated from the date of the judgment. The judgments become final with confirmation. Therefore, the exact date of confirmation must be noted. At the confirmation, the courtlord determines to what extent the deprivation of liberty which has been served after the judgment is to be counted against the penalty period. 238