Country

Germany

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Federal Prison ActThe allocation may diverge from the enforcement plan and detainees can be transferred to other prisons, if this promotes the prisoner’s treatment of integration after release or, if necessary, for “other important reasons".
Federal State Level Acts Each state has its own rules. In most states, detainees are placed based on criteria regarding their sentence. Generally, the larger the state (the more prisons), the more criteria are used for the allocation of detainees. Depending on individual characteristics of the person (age, gender, nationality), the type of detention (pre-trial, first-time detention, regular detention etc.) and the duration of sentence, detainees are located in different prisons or, if within the same prison, in different wards. Female and male prisoners are generally placed separately.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report