🔓 Open prison and relaxations of custody
In brief
"Relaxations of custody" (Lockerungen) is the umbrella term for work outside the prison, day release (work outside the prison without constant supervision), escorted outings (leaving the prison under supervision) and leave (leaving the prison without supervision for a limited time). Open prison is a separate, less secure type of custody. Both require that there is no risk of absconding or abuse to be feared, and are as a rule possible only with your consent – there is no automatic entitlement to them.
Step by step
- Raise your suitability in the sentence planRaise relaxations of custody and open prison actively as part of sentence planning, instead of just waiting to see whether the prison takes action on its own.
- Give your consentRelaxations of custody require your consent – without it they are not considered.
- Wait for the prognosis procedureThe prison assesses the risk of absconding and abuse; for certain groups of offences, some state laws require additional opinions or expert reports.
- Ask for reasons if refusedHave the reasons for refusal explained to you and check with your defence lawyer or the legal application office whether an application for a court decision makes sense.
- Use relaxations of custody reliablyKeep strictly to reporting times and conditions – a single breach of the rules can jeopardise further relaxations and open prison.
Deadlines
- There is no automatic entitlement to relaxations of custody – it is a discretionary decision based on a prognosis, not a fixed rule depending on the length of the sentence.
- For certain groups of offences (including sexual and violent offences), many state laws require additional expert opinions or reports before relaxations of custody – this is not regulated uniformly nationwide.
- A single breach of the rules during a relaxation of custody, such as returning late, can jeopardise further relaxations and open prison altogether.
- Open prison is not release – conditions, reporting duties and close monitoring by the prison continue to apply.
In depth · legal basis, figures and practice – for advisers and professionals
Legal basis
§ 11 StVollzG (federal) serves as the reference norm for the rules on relaxations of custody, which have been adopted in all state laws with partly different numbering and terminology. The common substantive precondition is always: no risk of absconding or of abuse for further offences to be feared.
Forms of relaxation of custody
A regular distinction is made between work outside the prison and day release (regular work outside the prison, with day release without constant supervision), escorted outings (leaving the prison for a limited time under supervision) and leave (leaving the prison for a limited time without supervision).
Open prison as a separate type of custody
Open prison is a separate, less strictly secured type of custody. The precondition is the suitability of the prisoner, in particular the absence of a risk of absconding or abuse; the state laws regularly also require the consent of the person concerned.
Legal protection
Against refusal or revocation of relaxations of custody or of assignment to open prison, an application for a court decision can be filed with the competent Strafvollstreckungskammer, regularly within two weeks.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.