Enforcement relaxation
Under easing of enforcement (briefly enforcement easing or loosening called) one understands facilities within the penal system for prisoners by temporary leaving the prison .
Germany
Individual easing measures
Section 11 of the StVollzG differentiates between the relaxation of enforcement in the narrower sense of the word, namely, external employment, outdoor activity, execution and exit. Although this list is not exhaustive, other independent forms have not yet emerged. However, there are some mixed forms such as the combination of going out and vacation.
The enforcement measures in the broader sense include the open enforcement according to § 11 StVollzG and the detention leave according to § 13 StVollzG.
meaning
Since according to § 2 sentence 1 StVollzG one of the enforcement goals is to rehabilitate the perpetrator , the execution should be relaxed in preparation for the release ( § 15 Abs. 1 StVollzG).
According to the established case law of the Federal Constitutional Court, the interest in rehabilitation protected by Art. 2 (1) in conjunction with Art. 1 (1) GG is not only aimed at being protected from the harmful effects of the deprivation of liberty as far as possible ( Section 3 (2) StVollzG), but also on the framework conditions that are conducive to probation and reintegration. Such goals are served by an exit or execution under supervision ordered according to Section 11 (1) StVollzG with the consent of the prisoner as a relaxation of the execution. Relaxation of prison sentences makes it possible for prisoners to seek and find at least some basic orientation for a normal life after a long period of imprisonment.
At least initially, a reference person (for example a relative) is usually necessary to ensure the pick-up and timely return of the person leaving. Exits that are free of complaints are a prerequisite for granting leave from custody.
The “leave”, commonly referred to as detention leave , can be granted for up to 21 days per year ( Section 13 ). In addition, the prisoner can be given special leave of up to one week in preparation for the release within nine months. In addition, there is the possibility of allowing the prisoner to go out for important reasons (for example, serious illness or death of a relative) or to leave him or her for up to seven days. Vacation for an important occasion is not counted towards the regular vacation.
requirements
Relaxation may be ordered with the consent of the prisoner if there is no reason to fear that the prisoner will evade the execution of the prison sentence or abuse the relaxation of the execution to criminal offenses. Prison relaxations are only given to prisoners who are particularly suitable for this and who do not have to fear abuse. The decision on this lies with the prison management. The decisive factors are the behavior shown in custody, the personality of the prisoner, the offenses underlying the conviction and, if necessary, the processing of the underlying deficits.
As unsuitable particular prisoners apply, the
- are at risk of addiction and flight or
- have abused a relaxation of enforcement in the past or
- have to serve more than eighteen months of imprisonment up to the expected time of release.
Relaxation for prisoners against whom detention , extradition or deportation detention is ordered are also excluded .
Depending on the federal state , different criteria and standards for granting or rejecting relaxation can be decisive.
The prisoner can be given instructions for relaxation : for example, for the whereabouts or avoidance of certain places or districts, for matters to be dealt with, for contact with certain people, for the use of objects (e.g. driving a motor vehicle) and for avoiding Addictive substances.
If the prisoner does not return from relaxation or does not return late, this does not count as an escape . However, he can still be put out to be searched and disciplined after his return ( § 102 StVollzG). In these cases, the execution of the sentence is interrupted so that the end of the sentence is postponed for the corresponding period.
Austria
The Prison Act (StVG) knows the penal system in a relaxed form (Section 126 StVG) as a breach of the locking principle, according to which prisoners are generally not allowed to leave the institution for the execution of prison sentences until they are released (Section 21 StVG). This includes in particular the interruption of the custodial sentence (§ 99 StVG), exits (§§ 99a, 126, 147 StVG) and the release (§§ 126 Paragraph 2 Z 2 and Paragraph 3, 144 Paragraph 2 StVG). The electronically monitored house arrest is not a relaxation of the prison regime, but a separate form of implementation (§§ 156b ff StVG).
Switzerland
The execution of sentences and measures takes place in Switzerland in the form of the so-called progressive execution. By granting enforcement openings, the interned person is given the opportunity to prove himself in ever greater freedom (§§ 90 4bis, 75a StGB ). The interned person goes through various stages of execution from the commencement of the sentence or measure to the final release.
literature
- Wolfgang Frisch : Basic dogmatic questions of conditional release and the relaxation of the execution of sentences and measures. ZStW 1990, pp. 707-792
- Gert Enzi: The locking and external contacts of prisoners in the light of § 20 StVG using the example of the Graz-Karlau prison . 2007
Individual evidence
- ^ Enforcement relaxation Rechtslexikon.net, accessed on March 6, 2019
- ↑ Peter Höflich, Wolfgang Schriever, André Bartmeier: Execution loosening, §§ 11, 12, 35, 36. In: Floor plan execution right. Springer textbook, Heidelberg 2014, pp. 131–133
- ^ Günther Kaiser , Hans-Jürgen Kerner , Heinz Schöch : Penal execution. A textbook 4th, revised and expanded edition, Heidelberg 1991, p. 182 ff., P. 183
- ↑ OLG Celle NStZ 1981, 276
- ↑ cf. BVerfGE 35, 202, 235 f .; 36, 174, 188; 45, 187, 238 f .; 64, 261, 272 f .; case law
- ↑ cf. on this BVerfGE 64, 261, 273; BVerfG, decision of the 3rd Chamber of the Second Senate of August 5, 2010 - 2 BvR 729/08 -, juris, Rn. 32
- ↑ BVerfG, decision of September 21, 2018 - 2 BvR 1649/17 para. 25th
- ↑ cf. for example escape. Other unauthorized stay outside of the institution 47 Paragraph 3, Paragraph 5 Clause 2 of the Bavarian Executive Code of Procedure (VGO) in the version of the announcement of July 1, 1976, JMBl. P. 339
- ↑ Josef Mock: The electronically monitored house arrest and the relaxation of prison release - competition and dilemma in prison . Univ.-Diss., 2014
- ↑ Execution of the Swiss Competence Center for Prisons, accessed on March 6, 2019
- ↑ Progressive execution chart, accessed on March 6, 2019
