Arrest (prison)
Arrest is one of the possible disciplinary measures in a correctional facility . According to Section 103 of the Prison Act , a prisoner can only be arrested for up to four weeks (28 days) for serious or repeated misconduct. This may for example be an escape attempt, abuses of enforcement easing (such as output or vacation) or a brawl with fellow inmates or prison staff. The mere failure to comply with the duty to work, which follows from § 41 StVollzG and GG Art. 12 III, is often punished with arrest in practice. A prison inspector orders the arrest after hearing the prisoner and after consulting the officials involved in the treatment of the prisoner.
The arrest is carried out in solitary confinement . For this purpose, the prisoner is usually accommodated in a special detention room, which must meet the requirements that are placed on a detention room intended for day and night stay. The prisoner is only allowed to leave the detention room for walking in the yard , for showering and for visits from outside. Until well into the 1990s, it was customary in Germany to fold up the bed in the detention room during the day. The detainee only received the Bible to read, but the regulations have now been relaxed, although there may be differences in the form of detention depending on the federal state .
The doctor must be consulted before the arrest is carried out. During the arrest, the detainee is under medical supervision. ( Section 107 Paragraph 1 StVollzG). If the prisoner's health were endangered, the arrest should not be carried out or should be interrupted or broken off. However, since the prisoner is not examined, this requirement is irrelevant in practice.
