Concept and significance of resocialization
Resocialization in German law refers to the process and measures aimed at preparing and reintegrating individuals who have committed criminal offenses for a law-abiding and socially acceptable life after serving a prison sentence or during incarceration. The goal of resocialization is to reduce tendencies toward recidivism (recidivism prevention) and to achieve sustainable reintegration into society.
Historical development of the concept of resocialization
The significance of resocialization has changed over time. While deterrence and punishment were initially predominant, with the advent of criminal policy reforms in the 20th century, the reintegration of offenders became the declared objective of state action in the criminal justice system. In particular, the prison reform of 1977 explicitly anchored resocialization as a guiding principle in the German Prison Act.
Legal foundations of resocialization
Prison Act (StVollzG)
In the Prison Act (StVollzG), resocialization is a guiding principle and legislative goal. The central provision is § 2(1) StVollzG:
“In the execution of imprisonment, the prisoner should become capable of leading a life without criminal offenses in social responsibility in the future (execution goal).”
This establishes the legally binding mandate for correctional facilities to implement measures that promote sustainable resocialization.
Fundamental rights and resocialization
The general equal treatment clause (Art. 3 Basic Law) and the welfare state principle (Art. 20 Basic Law) establish a requirement for resocialization. In addition, Art. 2(1) Basic Law protects the free development of personality, which also includes individuals in custody. Thus, resocialization is constitutionally legitimized and restricted.
Right to resocialization
According to the case law of the Federal Constitutional Court, there is an individual right to resocialization. The court has clarified that both the guarantee of human dignity under Art. 1(1) Basic Law and the rule of law principle require the state not to exclude offenders, but rather to enable and promote their return to the community.
Federal Constitutional Court decision of July 4, 2006 (2 BvR 1673/04)
With this decision, the Federal Constitutional Court explicitly recognized that the Basic Law creates a real legal right to resocialization, not merely a programmatic statement.
Key measures and instruments of resocialization
Social support and assistance
Measures for resocialization particularly include:
- educational and vocational training opportunities,
- work and employment opportunities during incarceration,
- social skills training,
- psychological and medical care,
- assistance with preparing for release as well as
- support after release from imprisonment (e.g., justice social services).
Correctional planning and individualization
Each incarcerated person receives an individual incarceration and reintegration plan, which is repeatedly adapted in parallel with the course of imprisonment. This aims to identify and specifically address personal deficiencies, for example regarding addiction issues, social skills, or vocational qualifications.
Relaxation of prison conditions and transition management
Another focus is on measures such as easing imprisonment conditions (for example, day release) or open prison, which support a gradual transition to personal responsibility. So-called release management often begins several months before release and includes assistance with accommodation, employment, and social benefits.
Resocialization in adult vs. juvenile criminal law
In juvenile criminal law (§ 2 JGG), education and resocialization are the highest priority. Measures such as work instructions, care orders, or socio-educational support take precedence over punitive measures. In contrast, adult criminal law focuses on resocialization within the framework of prison sentences and incarceration, although it places a greater emphasis on security and order (§ 3 StVollzG).
Resocialization after imprisonment (probation assistance, supervisory supervision, social therapy)
After release, probation assistance and supervisory supervision are the main pillars of aftercare. They serve social control and support when returning to social life. In cases of serious crimes, the measure of social therapeutic accommodation (§ 66c StGB) may include further resocialization measures.
Legal boundaries and fields of conflict
Security of the general public
The resocialization mandate is regularly in tension with the need to protect the public. The granting of relaxed imprisonment conditions or release on parole therefore requires a prognostic decision that takes into account both the risk of reoffending and the success of resocialization.
Requirements for public and private organizations
The legislature requires both public and private organizations (e.g., independent providers in offender support) to properly implement resocialization measures. Liability and supervisory duties also apply in the delegated sphere of activity.
Opportunities and limitations of resocialization in cases of especially serious crimes
Resocialization is particularly challenging in cases involving preventive detention or life sentences. Even in these situations, resocialization is required by law (§ 2(2) StVollzG) but must be accompanied by increased security requirements.
International references and European standards
The concept of resocialization is also reflected in the European Convention on Human Rights (ECHR) as well as in the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). The ECHR, in Art. 8, guarantees the right to private and family life, which must also be respected in imprisonment, as far as this is compatible with the purpose of punishment.
Practice and outlook
Despite its statutory anchoring, the practical implementation of resocialization faces a variety of challenges. Overcrowding, staff shortages, and social stigmatization make reintegration into society more difficult. Continuous reforms and preventive work are considered essential for a successful resocialization process.
Summary
Resocialization in German law is a comprehensive, legally regulated objective of the correctional system and offender assistance, aimed at the sustainable reintegration of individuals who have committed crimes. It is protected by fundamental rights, extends over various phases of sentence enforcement, and requires all involved institutions to implement a wide range of measures – in accordance with public protection and with respect for human dignity.
Frequently asked questions
What legal foundations govern resocialization in Germany?
The legal basis for resocialization in Germany is primarily enshrined in the Prison Act (StVollzG) and the respective state prison laws. Section 2 of the StVollzG explicitly provides for the integration of the inmate into life in freedom as the aim of incarceration and obliges the state to take appropriate measures for social reintegration. In addition, the Youth Courts Act (JGG), the Federal Central Criminal Register Act (BZRG), and the Social Code (SGB) regulate support and assistance after release from prison for specific areas. Court decisions, especially those of the Federal Constitutional Court, have repeatedly confirmed and clarified the principle of resocialization as a fundamental correctional concept and as part of the right to resocialization within the meaning of the Basic Law (Art. 2 GG, Art. 1 GG). Furthermore, there are international obligations, for example through the European Convention on Human Rights (ECHR), which explicitly require the reintegration of released offenders.
To what extent is there a legal entitlement to resocialization?
According to the established case law of the Federal Constitutional Court and based on Art. 2(1) in conjunction with Art. 1(1) of the Basic Law, offenders have a subjective and public right to resocialization. This obliges the state to provide appropriate measures for social integration and to make it possible for former offenders to live lawfully after serving their sentences. This right includes, among other things, access to educational opportunities, work, social-therapeutic measures, and pre-release support. However, in many areas, it is a right to a decision without errors of discretion rather than a direct entitlement to services, so the specific implementation is up to the respective correctional institution or state prison authorities. Nevertheless, if rights are unlawfully denied, prisoners may, if necessary, pursue legal action and, where appropriate, claim the measures in court.
What measures does the law provide to promote resocialization during and after imprisonment?
The Prison Act and the state prison laws require correctional facilities to provide individualized care and support programs for inmates. These include, for example, school and vocational education, occupational therapy, social work, addiction and psychotherapy, and specific programs for young offenders and adolescents. During imprisonment, preparation for release is supported by release management, cooperation with probation services, assistance in finding housing and work, debt counseling, and aftercare projects. After release, offenders can—depending on need and legal entitlement—benefit from probation or supervisory support, as well as services from social service providers (e.g., SGB II or SGB XII). The aim is to reduce recidivism rates and achieve the most lasting possible integration into society.
Who is responsible for implementing and supervising resocialization measures?
The responsibility for implementing resocialization measures lies with the correctional authorities, namely the correctional institutions and their respective directors. During imprisonment, judicial staff (e.g., social workers, psychologists, correctional officers) manage and monitor the implementation of individual incarceration plans. In the event of disputes, judicial custody supervision (§ 109 ff. StVollzG) may be called upon as a complaint instance. After release, probation officers, specialized resocialization services, independent (non-governmental) providers, and, where applicable, supervisory authorities (for particularly serious crimes) ensure that resocialization measures continue to be accompanied, coordinated, and monitored.
What legal remedies are available to offenders if resocialization measures are denied or improperly carried out?
Offenders who are denied statutory resocialization measures or have them unlawfully restricted may, pursuant to § 109 StVollzG, apply for a judicial decision (recourse to the enforcement court). The court will review the lawfulness and reasonableness of the challenged measures or their omission. In addition, affected individuals have recourse to the administrative court, as all other citizens do, in matters of aftercare or provision of state services. As a last resort, a constitutional complaint can be made to the Federal Constitutional Court if a violation of fundamental rights is claimed.
What role does the certificate of conduct (Führungszeugnis) play legally in connection with resocialization?
The certificate of conduct records criminal convictions that are final and thus has a significant impact on social and professional reintegration. By law, certain entries are automatically removed after the statutory periods expire (according to §§ 46-48 BZRG), and thus no longer appear in the certificate of conduct, provided that there has been no further criminal behavior. These regulations on deletion are intended to promote the idea of resocialization and protect former offenders from permanent social exclusion. However, in professional law, with immigration authorities, or for specific activities (e.g., working with children), exceptions may apply. Thus, the BZRG provides a legal framework that balances the prevention of recidivism, legal certainty, and resocialization.
How does a prison sentence affect the civil and social law status of an offender?
Imprisonment only restricts those rights of the affected individuals that are inherently linked to the loss of liberty. Basic rights remain otherwise unaffected, unless specific legal restrictions apply. Prison sentences can, however, indirectly have significant consequences, such as loss of employment, restrictions in alimony law, effects on custody and parental rights, or on social law entitlements (e.g., interruption of pension rights). After release, there are legal provisions for reactivating such entitlements, reinstatement to the previous status before imprisonment, or support for reintegration into employment, insurance, and housing. Particular protection applies when linking the legal consequences to criminal behavior is not objectively justified; rehabilitation and data protection are central legal principles in this context.
