Rechtliche Grundlagen der Behandlung im Strafvollzug

Abstract

In Germany, prison law has been regulated in numerous individual laws since the transfer of legislative competence to the Länder. Despite the federal diversity, the laws of the Länder are consistent in their basic lines. This is ensured not only by the Basic Law (Grundgesetz), the requirements of which are continuously precised by the Federal Constitutional Court; international guidelines also have an effect here. The broad concept of treatment is partly presupposed and partly explicitly defined by the laws of the Länder, but it largely follows the earlier regulations of the former Federal Prison Act (Strafvollzugsgesetz), despite the varying degrees of detail, for example in correctional and integration plans. Prisoners are only entitled to treatment in exceptional cases, namely when they are transferred to a socio-therapeutic facility and within the framework of the individual correctional and integration plan. Sometimes, treatment is even mobilised as a justification for burdensome interventions. In some cases, prisoners are obliged to cooperate, and measures to relax enforcement of the prison sentence or contact with the outside world can be restricted under some laws for reasons of treatment. The same constitutional restrictions apply to forced medication in prisons as in psychiatric hospitals.

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