Enforcement plan
With the enforcement plan, the federal states regulate for their respective jurisdiction which correctional facility (JVA) is responsible for the execution of which sentence . The legal basis of the enforcement plan is § 152 Prison Act and No. 14 of the Pretrial Detention Act . In the enforcement plan, the locally and materially competent penal institution in the country is specified for each accused or convicted person.
The provisions of the Prison Act and the related federal administrative regulations, the federal administrative regulations for juvenile custody (VVJug) as well as the provisions of the penal code, the pre-trial detention code, the juvenile court law and the youth arrest code must also be taken into account .
Responsibilities
The enforcement plan regulates the:
- 1. Responsibility for the execution of pre- trial detention
- 2. Responsibility for the execution of custodial sentences and substitute custodial sentences
- 3. Responsibility for the execution of youth punishment
- 4. Responsibility for the execution of youth arrest
- 5. Responsibility for the execution of custodial measures ( measure of reform and security )
- 6. Responsibility for the execution of criminal arrest
- 7. Responsibility for the execution of other deprivation of liberty (legal detention, coercive detention, civil detention)
Test criteria
The referring authority has to check for:
- gender
- Age
- Sentence (length of sentence)
- Initial or regular execution
- relevant judicial district according to § 24 StVollstrO
- Place of residence of the convicted person or place of custody (in the case of ongoing pre-trial detention)
In individual cases, deviations from the enforcement plan are permitted, for example in order to separate accused or convicted persons who have committed their acts in a group (gang crime) so that the gang structures cannot be maintained in detention and the process can be ensured. The legal basis for deviating from the enforcement plan can be found in Section 26 of the Penal Enforcement Code.
Even if it is not suitable for a particular institution (e.g. if harmful influences are to be feared), the enforcement plan can be deviated from.
See also: Business Distribution Plan
Web links
general overview
- Online execution plan for Baden-Württemberg
- Online execution plan for Hessen
- Enforcement plan for the state of Bavaria (PDF file; 225 kB)
- Enforcement plan for the state of Brandenburg (PDF file; 88 kB) (PDF file)
- Enforcement plan for the state of North Rhine-Westphalia. Ministry of Justice of North Rhine-Westphalia, September 13, 2013, accessed on March 7, 2016 .
- Enforcement plan for the state of Rhineland-Palatinate
- Enforcement plan for the State of Berlin (PDF file; 117 kB)