Prisons in Germany
Encyclopedia
The prisons in Germany are run solely by the federal states
, although governed by a federal law. The aim of prison
confinement in Germany
is twofold: emphasis is placed on enabling prisoners to lead a life of "social responsibility free of crime" upon release, but society is also to be protected from further acts of crime by the guilty.
that is prosecuting the case. Criminals who have never been imprisoned (or were imprisoned for a maximum of three months) are generally assigned to prisons for first-time offenders (Erstvollzug). Recidivists are assigned to so-called regular imprisonment (Regelvollzug). People who receive long sentences are imprisoned at a maximum security prison (Langstrafenanstalt). Special institutions are also provided for female and juvenile prisoners and for those with special health or psychiatric needs.
Social-therapeutic prisons (sozialtherapeutische Haftanstalten) are special departments for prisoners that have been punished for sexual crimes. In these prisons, groups of 10-15 prisoners live together and each group is supported by assigned social workers, correction officers and psychologists. The goal of these sections is to give the prisoners a chance to refurbish socialization deficits.
) ("federalism reform"). In this context prison legislation was assigned to the individual Länder. By 1 January 2008 prison laws for adults would come into effect in three Länder (Bavaria
, Hamburg
, Lower Saxony
). In the other Länder the old Federal Prison Act will remain in force for the time being.
States of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
, although governed by a federal law. The aim of prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
confinement in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
is twofold: emphasis is placed on enabling prisoners to lead a life of "social responsibility free of crime" upon release, but society is also to be protected from further acts of crime by the guilty.
Organization
The head offices for the state prison services are in the respective state justice ministry. There, a prison service department controls the organisation of the prison service, personnel matters, basic and advanced training for prison staff, budgets, construction, cooperation in prison service legislation, the employment of prisoners, and vocational training and education for prisoners. It also reviews petitions and complaints and its representatives visit and inspect the prisons regularly. There is no mid-level authority anymore between the Ministry of Justice and the prisons. This direct contact facilitates decision-making and ensures the ministry is close to the life of the prison service.Confinement
As a rule, pretrial confinement is conducted at a facility close to the public prosecutor’s officeStaatsanwaltschaft
The Staatsanwaltschaft or public prosecutor's offices are criminal justice bodies attached to the judiciary but separate from the courts in Germany, Austria and the German-speaking parts of Switzerland...
that is prosecuting the case. Criminals who have never been imprisoned (or were imprisoned for a maximum of three months) are generally assigned to prisons for first-time offenders (Erstvollzug). Recidivists are assigned to so-called regular imprisonment (Regelvollzug). People who receive long sentences are imprisoned at a maximum security prison (Langstrafenanstalt). Special institutions are also provided for female and juvenile prisoners and for those with special health or psychiatric needs.
Social-therapeutic prisons (sozialtherapeutische Haftanstalten) are special departments for prisoners that have been punished for sexual crimes. In these prisons, groups of 10-15 prisoners live together and each group is supported by assigned social workers, correction officers and psychologists. The goal of these sections is to give the prisoners a chance to refurbish socialization deficits.
Law
The first German Prison Act was passed in 1976 by federal legislation. It applies only to adults. Because of a 2006 decision of the Federal Constitutional Court, also Juvenile corrections has to be put on a legal basis until the end of 2007. In an unrelated development, the Federal German parliament decided in 2006, to reorganize relations between the Federal government and the Länder (statesStates of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
) ("federalism reform"). In this context prison legislation was assigned to the individual Länder. By 1 January 2008 prison laws for adults would come into effect in three Länder (Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
, Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
, Lower Saxony
Lower Saxony
Lower Saxony is a German state situated in north-western Germany and is second in area and fourth in population among the sixteen states of Germany...
). In the other Länder the old Federal Prison Act will remain in force for the time being.
Previous types of prisons
Before 1970, there were four kinds of confinement in Germany. They were Zuchthaus (prison), Gefängnis (prison), Einschließung (jail), and Haft (custody). A Zuchthaus was a prison of hard, physically exerting labor, such as breaking rocks, where prisoners had to work, even to the point of collapse. This was repealed by a reform of the penal code, which took effect on March 31, 1970 . Today, a Gefängnis is known as a Justizvollzugsanstalt, or "Justice Enforcement Facility".External links
- University of Bremen prisons archive: http://www.strafvollzugsarchiv.de