Concept and significance of the enforcement of prison sentences
Der Enforcement of prison sentences encompasses all measures and procedures by which prison sentences imposed by final judgment are actually carried out. Imprisonment is a criminal sanction based on the deprivation of the convicted person’s physical liberty and thus constitutes a significant intervention in the fundamental right to personal freedom (Art. 2 para. 2 sentence 2 GG). In Germany, the structure, implementation, and purpose of prison sentence enforcement are comprehensively regulated by law and form a central area of prison law.
Legal foundations for the enforcement of prison sentences
Constitutional basis
The execution of deprivation of liberty is bound by constitutional standards. According to Art. 1 para. 1 GG, even a person in custody remains the bearer of inalienable human dignity. The interference with liberty is only permissible under strict observance of fundamental rights and within the context of statutory provisions.
The Prison Act (StVollzG)
The Federal Prison Act, as well as numerous state prison acts introduced since the federalism reform on 1 September 2006 (State StVollzG), provide the specific legal basis for the enforcement of prison sentences. Key elements include:
- Purpose of enforcement (§ 2 StVollzG): Deprivation of liberty serves the purpose of rehabilitation and preparation for a law-abiding life after release, while upholding the principles of education, security, and supervision.
- Principles of design: Enforcement should be designed according to the principle of normalization and is intended to promote the social skills of the inmates.
- Difference from forensic detention: While forensic detention primarily serves to protect the public and to rehabilitate offenders with psychological abnormalities, the enforcement of a prison sentence is fundamentally focused on general prevention and resocialization.
Forms of imprisonment and their enforcement
Distinction between imprisonment and juvenile detention
- Imprisonment: Imposed on adults under the Criminal Code (StGB) and carried out in correctional facilities.
- Juvenile detention: Special enforcement under juvenile criminal law with the aim of addressing the particular educational needs of young people.
Special characteristics of substitute imprisonment
Substitute imprisonment under § 43 StGB is enforced if a court-ordered fine cannot be paid due to lack of means or willingness to pay.
Process of the enforcement of prison sentences
Initiation of enforcement
After the judgment becomes final and the enforcement warrant is served, the person is admitted to a correctional facility (JVA). The enforcement authority decides on the location of imprisonment and the commencement of custody in accordance with statutory provisions.
Admission procedure and orientation
- Verification of identity
- Medical examination
- Collection of social, biographical, and criminological data
This is followed by an individual enforcement plan procedure in which measures for the treatment and support of the inmate are determined.
Forms of deprivation of liberty in enforcement
- Pre-trial detention and punitive detention: The distinction is significant, as pre-trial detention is subject to different provisions than the enforcement of sentences after conviction.
- Open and closed detention: Depending on the risk of recidivism, the inmate’s personality, and considerations of usefulness, imprisonment is carried out in either an open or closed system.
- Preventive detention: Serves the continued protection after the completion of the actual prison sentence when the convicted person still poses considerable danger.
Measures for resocialization
The statutory mandate for resocialization shapes the structure of enforcement. This includes especially:
- Work and education: Obligation to work or to participate in educational and vocational training programs (§§ 37 ff. StVollzG).
- Leisure and sports activities: Promotion of social skills.
- Sociotherapeutic measures: Mandatory especially for violent and sexual offenders (§ 9 StVollzG).
Rights and duties during incarceration
Duties of inmates
- Compliance with house rules
- Participation in assigned work and treatment programs
- Truthful information within the enforcement plan and for medical care
Rights of inmates
- Visitation rights (§ 24 StVollzG)
- Right to written and telephone contact (§ 29 StVollzG)
- Religious practice (§ 29 StVollzG)
- Right to information and use of the library
- Right to data protection and protection of personality
Disciplinary and regulatory measures
In case of violation of institution rules, disciplinary measures may be imposed, such as withdrawal of privileges, solitary confinement, or counseling from psychologists (§§ 102 ff. StVollzG).
Release and aftercare
Enforcement ends with the full remission of sentence; in cases of parole, it may end early after serving at least half or two thirds of the sentence (§ 57 StGB). Comprehensive release preparation and social counseling are required by law to support reintegration.
Control and complaint mechanisms in the enforcement of prison sentences
Legal remedies and oversight
According to § 109 StVollzG, prisoners may seek judicial protection against enforcement measures (prison enforcement chambers). Additionally, oversight is provided by public prosecutors and institution advisory boards as well as visiting commissions.
Data protection and complaint procedures
The protection of personal data is an important requirement in enforcement. Complaints against enforcement may be made through administrative channels or the courts.
European and international legal bases
The enforcement of prison sentences is subject to human rights standards. The European Convention on Human Rights (ECHR) and recommendations of the Council of Europe (e.g. European Prison Rules) establish binding standards for the treatment of prisoners.
Literature and further sources
- Prison Act (StVollzG, federal and state law as applicable)
- Criminal Code (StGB)
- European Convention on Human Rights (ECHR)
- Case law of the Federal Constitutional Court and the criminal enforcement chambers
Conclusion: The enforcement of prison sentences is a highly regulated area of law that seeks to balance public safety interests, the purposes of punishment, and the fundamental rights of prisoners. Comprehensive statutory and constitutional jurisprudence ensure treatment in accordance with the rule of law and the observance of the principle of resocialization as a guiding motif.
Frequently asked questions
Which authorities are responsible for the enforcement of prison sentences?
In Germany, the primary responsibility for enforcing prison sentences lies with the state correctional facilities (JVA). The organization, administration, and implementation of enforcement are the responsibility of the respective state ministries of justice. These ministries enact specific rules regarding the process, accommodation, and treatment of prisoners based on state prison laws. Supervision of enforcement is usually exercised by a prison enforcement chamber at the regional court. The enforcement itself is managed by the director of the institution and the rest of the staff (e.g., correctional officers, social workers, psychologists). For special correctional facilities, such as juvenile or forensic institutions, different responsibilities may apply, which are also governed by the respective state laws.
What rights do prisoners have during enforcement?
Prisoners retain numerous fundamental rights even during deprivation of liberty unless these are restricted by statutory provisions or the purpose of imprisonment. These include, for example, the right to humane treatment, bodily integrity, and the right to appeal orders of the correctional facility (§§ 109 ff. StVollzG). Prisoners are also entitled to a minimum of personal property, correspondence, and visitation rights, although these rights can be restricted or monitored under certain circumstances, for instance, to maintain security and order within the facility. Participation in measures to promote reintegration, such as school or vocational opportunities, is likewise among inmates’ rights.
Under what conditions may early release from a prison sentence occur?
Early release from imprisonment is primarily regulated by the so-called parole according to § 57 StGB. This requires that the inmate has served at least two thirds of the imposed sentence and that there is an expectation that no further offenses will be committed. Exceptionally, early release is possible after serving half the sentence if special circumstances are present. The competent enforcement chamber decides on the application. Conditions include a favorable social prognosis for the inmate, previous conduct during enforcement, and, if applicable, the consent of the public prosecutor’s office.
What options exist for relaxation of imprisonment for inmates?
The prison laws provide for various types of relaxation measures to promote gradual reintegration into society. These include, in particular, leave (leaving the facility for a specific time without escort), which may be accompanied or unaccompanied, and so-called day release (e.g., for work outside the institution). A positive prognosis regarding risk of reoffending and compliance with conditions is generally required. Such measures also serve to prepare for the transition to life in freedom and, for example, to maintain contacts with family, employers, or social organizations.
What legal remedies are available if an inmate feels disadvantaged by orders of the JVA?
Inmates can first file an objection or complaint in the administrative process against measures or decisions of the correctional facility. If these are not remedied, an application for a judicial decision may be made under § 109 StVollzG to the competent enforcement chamber. This applies especially to interventions in fundamental rights such as visitation regulations, disciplinary measures, or conditions of detention. In the appeals process, review by higher courts is also possible. Under certain conditions, constitutional complaints can also be lodged with the Federal Constitutional Court if fundamental rights are alleged to be violated.
How are the special needs of inmates, for example with regard to medical care or religion, legally addressed?
The Prison Act provides that inmates are entitled to appropriate medical care and treatment by doctors (§ 58 StVollzG). This includes both acute and chronic conditions and the provision of necessary medication and aids. With regard to religious practice, § 53 StVollzG ensures that inmates can freely exercise their religion or beliefs within the institution’s rules, unless security concerns oppose this. This includes, for example, participation in religious services, pastoral care, or the provision of religious literature and items. Special dietary needs, for instance for religious or medical reasons, must also be accommodated.
How is security and order ensured in enforcement from a legal perspective?
A multitude of measures and regulations are in place to ensure security and order within correctional institutions. These include regular inspections, surveillance, and cell searches as well as checks on the movement of people and goods into and out of the facility. Staff have the right and duty to impose disciplinary measures (e.g., solitary confinement, restriction of privileges) for violations of regulations according to statutory requirements. There are also detailed regulations for the separation of particularly dangerous or vulnerable inmates and crisis management during emergencies such as escape attempts or hostage situations. All measures must comply with the principle of proportionality and are subject to judicial review.
