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 two fold: emphasis is placed on enabling prisoners to live a life of “social responsibility free of crime” and upon release, but society is also to be protected from further acts of crime by the guilty.

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 (states) (“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.

To download the prison Act_Stand_2008, PDF, 315kb, Click below:

Prison Act_Stand 17_06_2008 Germany