Penal system

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This article or paragraph describes the situation in Germany , Austria and Switzerland . Help me to describe the situation in other countries.

Task of the penal system is legally pronounced imprisonment to perform.

Germany

The penal system is based on the penal enforcement law of 1977 ( law on the enforcement of custodial sentences and the custodial measures of reform and security , StVollzG), and since January 2008 federal state enforcement laws with their administrative provisions , which - because it is tried and tested - are partially based on the federal prison law appointed from 1977. The reason for the new state legislation can be found in the federalism reform of the Federal Republic of Germany. The federal state penal enforcement laws , such as the Bavarian one , also regulate the execution of juvenile punishment and imprisonment for women.

Outdoor facilities of the Bochum prison

Scope and classification

The subject of the German penal system is the execution of the court-imposed prison sentence . A distinction is to be made between the execution of sentences and the execution of sentences. The execution of a sentence concerns the enforcement of the judicial sentence and is not limited to imprisonment. The execution of the sentence, which is the responsibility of the public prosecutor , includes, for example, the summons to commence the sentence, the issuance of an enforcement arrest warrant, the suspension of the remainder of the sentence on probation, etc. The execution of the sentence for which the prison is responsible, on the other hand, includes all measures to which the prisoner is subjected during his deprivation of liberty is. In the broader sense, the penal system also includes youth sentences as well as substitute custodial sentences . Ordinary or compulsory detention (so-called civil detention) is not a custodial sentence . Special regulations apply to this form of detention, for example with regard to security. A distinction must also be made between the penitentiary system and the penal system, which is used to ensure the professional treatment and safe accommodation of offenders who are generally incapable of guilt or who are less responsible.

statistics

On March 31, 2017, a total of 51,643 people were in prison in the Federal Republic of Germany (48,609 men and 3,034 women), of which 8,273 were in open prison (7,668 men and 605 women) and 43,370 were in closed prison (40,941 men and 2,429 Women). In addition to 3,889 people who were sentenced to youth custody, and 561 persons in preventive detention divided the remaining 47,193 prisoners as follows: 31,540 people were maximum sentenced two years punishment, 10,244 more than 2 to a maximum of 5 years, 3578 to more than 5 to a maximum of 15 years and 1831 to life imprisonment . The cost of penal execution is estimated at three to four billion euros per year.

Structures

The current penal system in Germany was initially regulated by the Penal Enforcement Act (StVollzG) and by uniform federal administrative regulations (VVen). The VVen do not represent binding legal provisions, but are merely (internal judicial administration) guidelines for discretion and interpretation. As a result of the federal reform of 2006, the competing federal legislation for the penal system was replaced by the exclusive legislative competence of the federal states . Individual federal states have already enacted their own penal enforcement laws, which take precedence over the otherwise still applicable federal law in their area of ​​application.

Enforcement objective and enforcement principles

In § 2 sentence 1 of the Prison Act is a law enforcement target the rehabilitation committed. Often, however, the term socialization is also used, as it is assumed that some of those sentenced to prison will be familiarized with the socially binding norms for the first time in the context of the prison system . In addition, one of the other tasks of the prison system is the protection of the population from further criminal offenses ( Section 2 sentence 2 StVollzG). However, according to the prevailing opinion, this is not an equally important goal of enforcement. Rather, it is merely intended to express the security aspect of the custodial sentence (negative special prevention) as the minimum task of the execution of the custodial sentence. The prevailing opinion , however, is that other punitive purposes such as debt settlement , general prevention, etc. are not taken into account when structuring the execution .

Enforcement principles are regulated in § 3 StVollzG:

  1. According to the principle of approximation , the conditions within the prison should as far as possible be brought into line with the conditions in the outside world, for example through work, leisure and training.
  2. According to the principle of countermeasures , the harmful consequences of detention must be counteracted, for example through visits or detention measures such as exit, clearance and long-term exit.
  3. According to the reintegration principle , the prisoner should be prepared for his life after imprisonment, for example through long-term exit for preparation for release ( Section 15 StVollzG), bringing forward the time of release ( Section 16 StVollzG), help with release ( Section 74 StVollzG) and release allowance ( Section 75 StVollzG) .

Open, closed or execution in free forms

After the conviction has become final , the detainee is taken to an institution for open or closed execution . Life in an open prison is much more aligned with the general living conditions than in a closed prison. Inmates have the opportunity to move freely within the institutions or even to have their own apartment. It is also possible to spend the weekends in a family environment in order to secure social contacts. In the open prison, not only work inside but also outside the institution is possible. Furthermore, institutions of the open prison have no or only limited precautions against escape. On request, inmates of the open prison can even go about their work or be given free time. It is possible to switch between the two institutions during detention.

The Prison Act stipulates in § 10 StVollzG that a prisoner is placed in an open prison if there is no fear that the prisoner will escape or abuse the special possibilities. The criteria for deciding whether a prisoner is expected to be able to comply with the rules are determined differently depending on the federal state.

If the convicted person was in criminal or remand detention at the time of the conviction or if the offender is a recidivist, the prison sentence is usually carried out in a closed prison. If the prisoner is not considered to be at risk of escape and is not considered dangerous for the community while in custody and is involved in the implementation of the prison goal, he can be transferred to the open prison. An openness to educational efforts or first-time perpetrators can also be a reason for an open execution. Conversely, prisoners are moved (back) to the closed prison if they disregard the rules. The interpretation of the scope for decision-making given in the Prison Act shows, among other things, a considerable range depending on basic political attitudes.

In the juvenile prison system, there is also the possibility of accommodating young people and adolescents in the juvenile prison system in free forms. This alternative form of execution between closed and open penal systems is currently being carried out in Baden-Württemberg, Saxony and Brandenburg. Juvenile prisoners can be accommodated in the Chance Creglingen project (operator: Christlichen Jugenddorfwerk (CJD)), in the Seehaus Leonberg (sponsored by: Seehaus eV ), in the Learning Life project (sponsored by the EJF non-profit organization) and in the Seehaus Leipzig (sponsored by: Seehaus eV) The legal basis for this was originally Section 91 (3 ) JGG . This norm has since been dropped and the placement in juvenile prison in free forms is regulated in the juvenile prison laws of the federal states (e.g. § 7, JVollzGB Ba-Wü, Book 4).

Treatment examination and execution plan

At the beginning of the execution of the sentence, a treatment examination according to § 6 StVollzG is carried out with the participation of the prisoner . Here one records the prisoner's relationship to his act in terms of insight into guilt and attempts to explain, to the living conditions before the act and in socialization as well as his possibilities and limits of rehabilitation during the serving.

In the case of violent and sexual offenders , particular care is taken by describing the psychological condition and the significance of any personality deficits for the crime and the understanding of the person using psychological diagnostics . For this purpose, all available sources of information are used, in particular judgments , reports and excerpts from the Federal Central Register .

This leads to a prison plan that outlines the course of detention with regard to individual goals (work, training, school education, promotion of social contacts, indication of psycho- or socio-therapeutic treatment, suitability for relaxation, etc.). The enforcement plan is updated regularly in order to review goals and necessary measures and to change them if necessary. The treatment order of the prison system ( § 2 , § 3 , § 4 StVollzG) requires both the prisons to offer offers of treatment and the prisoner to cooperate in achieving the goal of the execution.

Section 9 of the StVollzG stipulates that prisoners who have been convicted of a sex offense are to be transferred to a socio-therapeutic institution if treatment is indicated. The indication of social therapeutic treatment includes that the prisoner sees a need for processing and has the motivation to work on his difficulties. If this is not the case, he will be transferred to normal execution, however, attempts must still be made to arouse the motivation to cooperate and to decide on a transfer ( Section 7 (4) of the StVollzG). A transfer to a social therapeutic institution is therefore only possible with an explicit declaration of intent by the offender.

The first enforcement plan is usually much more extensive than the following updates.

With a view to relaxation (exit, vacation), specific times and criteria can be set in the prison plan, by which prisoners can orient themselves. In the case of violent and sexual offenders, however, reference is usually only made to a point in time at which relaxations are examined, which is not to be equated with granting relaxations. The examination of the relaxation varies depending on the type of legal interest threatened (i.e. a criminal offense to be feared in the event of the prisoner's failure). Above all, it is examined to what extent the prisoner is helping to achieve the goal of the execution, i.e. dealing appropriately with his act and his future living conditions.

Work during execution

In Germany, prisoners are in principle obliged to work under Section 41 of the Prison Act. There is also the opportunity to catch up on any school leaving certificate or to complete an apprenticeship. The work in the prison serves to enable the inmates to have a regular daily routine which is equivalent to everyday life outside of the prison system and which should be continued after it has ended. This means that the detainees can maintain regular social contacts and thus do not slip into unemployment and maintain their status. Relapse prevention is the long-term goal here.

However, despite the work done, they are not insured in the statutory pension insurance. Because this problem is hardly publicly aware of and only rarely taken up by the media, the News Enlightenment Initiative put it at the top of the most neglected topics in 2012. On 17./18. In June 2015 the Conference of Justice Ministers decided to instruct the Prison Committee of the Länder to examine the principles and effects of including prisoners in the pension insurance and to present the result to the Ministerial Conference. On March 27, 2015, the Association Council of the Paritätischer Gesamtverband approved a position paper on the work and employment of prisoners. The German Caritas Association is also in favor of including prisoners in the pension insurance. The German Association for Public and Private Welfare e. On June 20, 2016, V. published recommendations for the inclusion of prisoners in the statutory pension insurance.

Health care

As a rule, the insurance relationship ends for compulsorily insured persons of the statutory health insurance because of the imprisonment, as the facts giving rise to the compulsory insurance such as employment for wages, receipt of unemployment benefit or unemployment benefit II according to Section 5 (1) No. 1 to 2a SGB V does not apply. In the case of voluntary health insurance, a health insurance obligation due to a pension application or due to the drawing of a pension from the statutory pension insurance, the insurance relationship remains in effect even during imprisonment, but the benefits are suspended for the duration of the detention ( Section 16 (1) No. 4 SGB V).

The type and scope of the services for medical treatment, including the provision of medical aids (health care), are based on the equivalence principle of Section 3 (1) StVollzG on general living conditions and thus on the requirements of statutory health insurance ( Section 61 StVollzG). They are provided by prison doctors.

Infectious diseases and neurological diseases occur much more frequently in prison than outside of the prisons. Also to be mentioned are suicide attempts and suicides, injuries, drug abuse and the consequences of violence.

Enforcement relaxations

Prison breaks are granted in individual cases after a detailed examination if the prisoner is able to meet certain criteria, in particular does not appear to be at risk of abuse or escape (see section on treatment examination and prison plan).

Relaxation includes the escorted leaving the institution (execution) or independent stays outside without direct accompaniment, i.e. free time for work, going out and vacation ( § 11 , § 13 , § 15 StVollzG).

Explanations often represent the first steps in the direction of independent relaxation. In the case of particularly long-term prisoners sentenced to life imprisonment, for years, only secure explanations for encouraging motivation may initially be granted.

In addition to exits, prisoners can receive up to 21 days of vacation per year. This quota is usually used up in open prison. In the closed prison, the prison plan outlines how many exits and vacations are granted before the prisoner is transferred to an open prison after this preparation.

Preparation for discharge

In preparation for the dismissal, additional information, exits and vacations as well as help with introducing employers, looking for accommodation, etc. can be given. Preparations for release should begin no later than three months before the expected end of prison term. In the case of released prisoners, i.e. prisoners who are entitled to relax, these can begin nine months before the end of the sentence ( Section 15 of the StVollzG).

Discharge

The prisoner's execution ends with the release, which takes place as early as possible in the day. If the discharge falls on a weekend or a public holiday, the appointment can also be brought forward by a few days in order to have time for necessary administrative procedures etc. With the release, the prisoner receives his belongings and the so-called bridging allowance, which was forcibly saved from wages during the detention. Fully saved is a sum of over 1,000 euros, which is available directly as a start-up aid for looking for an apartment and for immediately necessary purchases. If the prisoner has children, the “Ü-Geld” (or “the bridge”) increases. Prisoners who did not work or did little work during detention often have no bridging allowance available when they are released.

In addition to the full serving according to § 57 , § 57a , § 57b StGB , early discharge at the half-time point, at the two-thirds point in time, for therapy according to § 35 Narcotics Act (BtMG) and in very rare cases by means of a request for clemency is possible as the discharge time . The remaining sentence is then suspended in a so-called "conditional release" on probation . In some federal states, “Christmas amnesties” take place, which, if certain criteria are met, allow discharge at Christmas time on an early date in November.

Remainder of the sentence
From the two-thirds date, or even at the half- punishment date with less chance of success, the detainee can submit an application to the Penal Enforcement Chamber (StVK) for a remaining sentence in accordance with Section 57 of the Criminal Code . Many detainees have high hopes for early release. The prosecutor's office requested in its capacity as enforcement authority of the institution a statement in the sense of social forecast for the period after discharge. The StVK receives this statement as well as further enforcement data as a basis for decision-making and may obtain further information in the form of external reports. The prisoner is heard by the StVK, after which a decision is made. In the event of a positive decision for the detainee, the release will be initiated if the public prosecutor has not appealed against it. In the event of negative decisions, it is occasionally agreed which criteria the prisoner should meet in order to submit a new application in due course.
Pardon
Should a remaining request for a sentence be unsuccessful for the detainee or should an extraordinary situation arise, on the basis of which the detainee absolutely wants to be released early, he can apply for an early conditional release from prison ( pardon ). In practice, however, this is tedious and rarely successful.

Legal protection

Prisoners who feel their rights have been violated can lodge a complaint against decisions and measures taken by the prison with the head of the facility. Apply to § 108 StVollzG and / or the prison advisory board ( §§ 162 ff. StVollzG). Further addressees of submissions in individual federal states are the ombudsmen or prison officers (e.g. NRW).

If a satisfactory decision is not found on the objection of the head of the facility, the prisoner can turn to the competent supervisory authority. This generally requests a statement on the matter in question from the institution concerned. Since the institution and the supervisory authority are not in an independent, but rather hierarchical relationship within the total prison institution, prisoners may occasionally get the impression that decisions are not made with due consideration of the required neutrality and that they can only preserve their rights with particular difficulties.

Prisoners who want to object to the decisions of the supervisory authority can apply for a court decision ( Section 109 StVollzG). The criminal enforcement chamber (StVK) at the local regional court is responsible. The decision of the execution of sentence chamber is appeal of the appeal to the Oberlandesgericht possible. The court decision leads to the repeal of the offending measure or to a new discretionary decision by the establishment. Due to the discretion of the institution, sometimes passed judgments in penal matters in favor of a prisoner are ignored by prison authorities, which has been criticized several times by the Federal Constitutional Court in Bavaria, for example. Since these are not isolated cases, criminologists like Johannes Feest speak of "recalcitrant penal authorities". If necessary, it can subsequently be established that a measure was unlawful. Once the normal legal process has been completed, prisoners still have the option of filing a constitutional complaint with the Federal Constitutional Court in accordance with Section 90 ff. Of the Federal Constitutional Court Act and with a human rights complaint to the European Court of Human Rights .

According to the StVK § 115 StVollzG only passed a resolution in which a measure is repealed or the institution is obliged to make an appropriate decision, which does not always correspond to the desired result. Occasionally the authorities in question do not properly execute the orders of the enforcement chambers, even if the legal process has been exhausted ( renitenz ). Claims for damages before the civil courts occasionally lead to changes in the decisions of the authorities due to the high follow-up costs.

Central facilities

JVA Stuttgart-Stammheim

Since the penal system is the responsibility of the federal states, there are no central federal institutions.

The JVA Stuttgart-Stammheim was used more or less centrally during the “ German autumn ” to accommodate the caught offenders from the milieu of the Baader-Meinhof-Gang ( RAF ), but it was and is still a prison of the state of Baden-Württemberg . For example, some of the terrorists were also housed in the Cologne prison.

Problems and criticism of the prison system

In many cases, prison sentences have negative consequences and repercussions. As a result of the arrest and the subsequent execution of sentences, the offenders develop feelings of inferiority, for example. In addition, the loss of independence and the unaccustomed overstimulation after release are problematic.

Suicide is also a common consequence of the prison system. Statistics show that a particularly high number of suicides occur at the beginning of imprisonment, but even after several years there are still individual cases of suicide. Possible reasons for suicide in prison are considered to be:

  • In general, there are already an above-average number of people in prison who belong to a suicide risk group.
  • A lack of freedom of movement in captivity, isolation from society, monotony and the lack of meaningful employment, fear of being assaulted by other inmates and the power imbalance vis-à-vis prison staff all contribute greatly to increasing the risk of suicide.
  • Many who commit suicide in custody have attempted suicide beforehand. These predicators indicate mental health problems.

Despite increased efforts to counteract this, the German legal system is not yet able to contain all the negative consequences, which is also reflected in the relapse rate of around 35%.

Legal regulations

In a judgment of May 31, 2006, the Federal Constitutional Court ruled that the constitutionally required legal basis, tailored to the special requirements of the penitentiary system for young people, is missing for juvenile prisoners and that the legislature set a deadline of December 31, 2007 for the enactment of legal juvenile prison rules.

On July 7, 2006, the government majority of the CDU / CSU and SPD resolved to reform federalism . With this, the competing federal legislation for the penal system was replaced with the exclusive legislative competence of the federal states with effect from September 1, 2006. This change was and is controversial because it appears suitable to dissolve legal unity in criminal law and to increase the existing differences in enforcement. In the meantime, all federal states have passed corresponding regulations for juvenile prisoners, with Bavaria, Hamburg and Lower Saxony having embedded juvenile prisoners in a uniform law, whereas the other federal states have created special juvenile prison laws. Berlin, Brandenburg, Bremen, Mecklenburg-Western Pomerania, Rhineland-Palatinate, Saarland, Saxony-Anhalt, Schleswig-Holstein and Thuringia were based on a jointly developed draft:

  • Baden-Württemberg: Youth Prison Act Baden-Württemberg of June 27, 2007 (JStVollzG BW)
  • Bavaria: Bavarian Prison Act of November 27, 2007 (BayStVollzG)
  • Berlin: Youth Prison Act Berlin of December 15, 2007 (JStVollzG Bln)
  • Brandenburg: Brandenburg Youth Prison Act of December 18, 2007 (BbgJStVollzG)
  • Brandenburg: Brandenburg Prison Act (BbgJVollzG)
  • Bremen: Bremen Youth Prison Act of March 21, 2007 (BremJStVollzG)
  • Hamburg: Hamburg Prison Act of December 14, 2007 (HmbStVollzG), since July 14, 2009 → 2nd Hamburg Prison Act
  • Hesse: Hessian Youth Prison Act of November 19, 2007 (HessJStVollzG)
  • Mecklenburg-Western Pomerania: Mecklenburg-Western Pomerania's juvenile prison system of December 14, 2007 (JStVollzG MV)
  • Lower Saxony: Lower Saxony Prison Act of December 10, 2007 (NJVollzG) entered into force on January 1, 2008, amendment decided on February 19, 2009, new amendment in force since April 1, 2009
  • North Rhine-Westphalia: Youth Prison Act North Rhine-Westphalia of November 20, 2007 (JStVollzG NRW)
  • Rhineland-Palatinate: State Youth Prison Act Rhineland-Palatinate of December 3, 2007 (JStVollzG RLP)
  • Saarland: Saarland Youth Prison Act of October 30, 2007 (SJStVollzG)
  • Saxony: Saxon Youth Prison Act of December 12, 2007 (SächsJStVollzG)
  • Saxony-Anhalt: Youth Prison Act Saxony-Anhalt of December 7, 2007 (JStVollzG LSA)
  • Schleswig-Holstein: Youth Prison Act Schleswig-Holstein of December 19, 2007 (JStVollzG SH)
  • Thuringia: Thuringian Youth Prison Act of December 20, 2007 (ThüJStVollzG).

However, the (Federal) Prison Act in accordance with Art. 125a para. 1 GG. First it was replaced by state laws in Baden-Württemberg, Bavaria, Hamburg, Hesse and Lower Saxony. Ten other federal states submitted a joint model draft in September 2011, which is based, among other things, on the state laws in Saarland , Saxony and Mecklenburg-Western Pomerania . On October 1, 2016, Berlin was the last federal state to replace the (Federal) Prison Act (Germany) with a state law.

According to a 2012 study by the Criminological Research Institute of Lower Saxony with around 6,400 prisoners, around 25% of the adult prisoners questioned were victims of physical assault in the course of a month.

Not only have there been changes in legislation in recent years, approaches to the penal system have also been developed that are more focused on therapy. It is hoped that the perpetrators will reflect on their crime, change their thinking and thus no longer show any criminal behavior after the end of the sentence.

Research also tries to gain new knowledge in order to expand knowledge about the causes of crime and thus to be able to take more suitable measures. For example, imaging processes can be used to measure activity in the brain, from which one concludes that a tendency to uninhibited aggression can be explained by neurological abnormalities.

Austria

Simmering Prison, Vienna

The prison in Austria by the Prison Act ( Federal Law of 26 March 1969 on the execution of prison sentences and preventive measures associated with deprivation of liberty , the Road Traffic Act), and based thereon general rules, including the Radio Regulations prisons controlled (VZO). According to § 20 StVG, the execution of the prison sentence should help the convicted person to adopt a righteous attitude to life that is adapted to the needs of community life and prevent him from pursuing harmful tendencies. The execution should also show the worthlessness of the behavior on which the conviction is based. Every prisoner who is able to work is obliged to do work. The execution of sentences also includes the execution of measures (execution of sentences in special circumstances), imprisonment for juveniles and young adults as well as imprisonment sentences ( rendering of charitable services , electronically monitored house arrest ). Pretrial detention (in the prison of a court , which also belongs to the prisons) or detention (mostly in the police detention center , subordinate to the Ministry of the Interior) do not fall under the penal system.

On January 1, 2013, around 9,000 people were imprisoned in Austrian prisons.

Switzerland

In Switzerland, the execution of sentences is primarily a matter for the cantons , in whose area of ​​competence it falls under Art. 3 and Art. 123 Para. 2 of the Federal Constitution . In Switzerland there is therefore no law on the execution of sentences at federal level , but there is at canton level. The cantons coordinate and standardize enforcement through prison concordats. The prisons are also under her sovereignty.

Liechtenstein

The Liechtenstein penal system is regulated in the Penal Execution Act  (StVG, LGBl. 1983 No. 53) and the Ordinance on the Prison Act (LGBl. 1985 No. 38). Central is also the contract between the Principality of Liechtenstein and the Republic of Austria on the accommodation of prisoners (LGBl. 1983 No. 39), on the basis of which prisoners who have been sentenced to several years' imprisonment have been serving their prison sentence in whole or in part in Austrian penal institutions.

Turkey

See Prison Law (Turkey)

See also

literature

Web links

Wiktionary: Prison system  - explanations of meanings, word origins, synonyms, translations
Wikiquote: Prison  Quotes

Individual evidence

  1. ↑ Federal Statistical Office (ed.): Penal execution. Demographic and criminological characteristics of prisoners as of March 31 , 2017, published on December 14, 2017 ( PDF , accessed on August 9, 2018). These prison statistics also include preventive detention.
  2. ↑ Publications in the field of law enforcement and enforcement. Federal Statistical Office, accessed on August 9, 2018 .
  3. ↑ Prison system - prisoners according to sex, age and type of prison, probable length of prison. Federal Statistical Office, accessed on February 12, 2018 (reference date March 31 in each case).
  4. ↑ Martin Kotynek, Stephan Lebert, Daniel Müller: Penal system: Die Schlechterungsanstalt . In: The time . August 16, 2012, ISSN  0044-2070 ( zeit.de [accessed October 6, 2017]).
  5. ↑ a b Still in jail, but almost outside: in an open prison system . In: Vice . April 24, 2013 ( vice.com [accessed June 22, 2018]).
  6. ↑ Tobias Merckle: Juvenile detention in free forms using the example of Seehaus Leonberg . In: Forum Strafvollzug, No. 6, 2007, pp. 271–274 . 2007 ( [1] [PDF]).
  7. ^ Social therapy for violent criminals - psychologists behind bars . In: Deutschlandfunk Kultur . ( deutschlandfunkkultur.de [accessed June 22, 2018]).
  8. ^ Prison in Cologne: Prisoners. Retrieved June 22, 2018 .
  9. ↑ Archived copy ( memento of the original from September 23, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bag-s.de
  10. ↑ http://www.derblindefleck.de/top-themen/top-themen-2011-und-2012/2012-top-1-3/
  11. ^ Resolution TOP II.13 - Inclusion of prisoners and persons in preventive detention in the statutory pension insurance , 86th Conference of Justice Ministers of the Länder, June 17 and 18, 2015
  12. ↑ The exclusion from state security systems is an inadmissible double punishment of prisoners . In: Criminal Aid Information Service of the Federal Working Group for Criminal Assistance , Issue 2/2015, pp. 4–5.
  13. ↑ Position on pension and unemployment insurance for prisoners. In: caritas.de. June 17, 2016, accessed June 22, 2016 .
  14. ^ German Association for Public and Private Welfare eV: Press release: Avoid old-age poverty - include working prisoners in the pension insurance. In: www.deutscher-verein.de. Retrieved June 22, 2016 .
  15. ↑ Feest, Lesting: Prison Act, Before Section 56, Rn. 3
  16. ^ The prison system from the inside view of a prison doctor Website of the University of Tübingen, July 15, 2019
  17. ↑ Ruth Bahners: Medicine behind bars as a prison doctor, contract doctor or Telearzt Medical Tribune , June 15, 2019
  18. ^ Annette Opitz-Welke, Marc Lehmann, Peter Seidel, Norbert Konrad: Medicine in Justizvollzug Deutsches Ärzteblatt 2018; 115: 808-14
  19. ↑ Johannes Feest, Wolfgang Lesting, Peter Selling: Total institution and legal protection. An investigation into legal protection in prison. Westdeutscher Verlag, Opladen 1997, ISBN 3-531-12998-8
  20. ↑ BVerfG, judgment of May 31, 2006 - 2 BvR 1673/04/2 BvR 2402/04
  21. ↑ Law amending the Basic Law (Art. 22, 23, 33, 52, 72, 73, 74, 74a, 75, 84, 85, 87c, 91a, 91b, 93, 98, 104a, 104b, 105, 107, 109 , 125a, 125b, 125c, 143c) of August 28, 2006, Federal Law Gazette I p. 20134
  22. ↑ Dynamic link to the currently valid version of the NJVollzG
  23. ↑ a b Broad majority for amendment of the Prison Act: Busemann: "The practitioners' wishes will be implemented". (No longer available online.) Lower Saxony Ministry of Justice, February 19, 2009, formerly in the original ; Retrieved on July 17, 2009 (left not in the original): “HANNOVER. With the votes of the parliamentary groups of CDU, FDP, SPD and Greens, the Lower Saxony State Parliament decided today (February 19, 2009) to amend the Lower Saxony Law on the Execution of Justice (NJVollzG). "In future, the court in Lower Saxony will be responsible for remand detention , which will also decide on the issuance and continuation of the arrest warrant under federal law and is therefore familiar with the procedure," said Lower Saxony Minister of Justice Bernd Busemann. Lower Saxony was the first federal state to submit a comprehensive implementation law. Legislative competence was transferred to the federal states as part of the federalism reform. With the NJVollzG, which came into force on January 1, 2008, new standards have been set for a modern penal system, says Busemann. Safety had been placed as an equally important enforcement goal alongside the indispensable idea of ​​rehabilitation . The prisoners' cooperation in social therapy measures is required. Work and training for every prisoner increased the chances of reintegrating the criminally committed people into society ... "
  24. ↑ Changed several times, § 134 a and § 134 b NJVollzG inserted by Article 1 of the law of February 20, 2009 (Nds. GVBl. P. 32)
  25. ↑ § 89 NJVollzG amended by Article 20 of the law of March 25, 2009 (Nds. GVBl. P. 72)
  26. ↑ cf. Regulations of the federal states in the area of ​​the penal system beck-online.de, accessed on March 12, 2019
  27. ↑ Violence is part of everyday life in German prisons. In: Zeit Online. August 15, 2012, accessed August 9, 2018 .
  28. ↑ The effects of the growing pro-social program on cognitive distortions and early maladaptive schemas over time in male prison inmates: A randomized controlled trial. In: Journal of Consulting and Clinical Psychology . tape 85 , no. November 11 , 2017, ISSN  1939-2117 , p. 1064-1079 , doi : 10.1177 / 0022427818782733 .
  29. ↑ Prison in Austria , Federal Ministry of Justice , strafvollzug.justiz.gv.at - overview page.
  30. ↑ Federal Ministry of Justice (Ed.): Prison in Austria Status: January 1, 2013, p. 40
  31. ↑ Renuka Germann, Alessandro Barelli: Criminal and Measures Law Canton Zurich, Directorate of Justice and the Interior 2017, p. 12
  32. ↑ Concordat decrees: Systematic collection of decrees and documents (SSED) Website accessed on March 6, 2019
  33. ^ Federal Office of Justice : Penalties and measures in Switzerland. System and prison system for adults and young people: an overview February 2010
  34. ↑ Prison today. Temporarily in jail. Reports, analyzes, interviews. Special issue, Canton of Zurich Prison Office, March 14, 2019 ( PDF, 44 pages, 50 MB ).
  35. ↑ Consultation report and the following bills regarding the total revision of the Prison Act and the amendment of the Criminal Procedure Code. Vaduz, July 3, 2006, RA 2006 / 1602-0132, in particular p. 6 (pdf, llv.li).