💊 Addiction during and after prison
In brief
If an offence is attributable to drug dependency – including so-called acquisitive crime such as theft to finance consumption – enforcement of a sentence or remainder of a sentence of up to two years can be deferred in favour of recognised addiction therapy ("therapy instead of punishment", § 35 BtMG). Independently of this, many prisons offer their own addiction counselling, often in cooperation with external addiction support providers – scope and quality differ between prisons and federal states.
Step by step
- Disclose the dependency and its link to the offenceTalk to your defence lawyer about whether deferral under § 35 BtMG could apply to you.
- Clarify the therapy place and funding bodyClarify admission with a recognised therapy facility and the responsible funding body (usually pension insurance or health insurance).
- File the application for deferralThe application is filed with the competent enforcement authority (public prosecutor's office), usually with the support of your defence lawyer.
- Use addiction counselling in prisonRegardless of § 35 BtMG, contact the prison's addiction counselling service or external addiction counselling centres.
- Arrange aftercare once therapy endsArrange outpatient follow-up care or self-help groups in good time to prevent relapse.
Deadlines
- § 35 BtMG applies not only to drug offences themselves, but also to so-called acquisitive crime, if the offence is based on the dependency – this is often overlooked.
- Dropping out of therapy can lead to revocation of the deferral, with the result that the remainder of the sentence has to be enforced.
- Addiction counselling services within prisons are not designed uniformly nationwide – scope and quality depend on the prison and federal state.
- Therapy does not automatically replace the entire criminal proceedings – for more serious offences a (remaining) sentence often stays in place, even after successful therapy.
In depth · legal basis, figures and practice – for advisers and professionals
Requirements for deferral (§ 35 BtMG)
The requirements are a final conviction to a prison or youth sentence, or a corresponding remainder of sentence, of no more than two years, a drug dependency existing at the time of the offence that contributed to the offence, and willingness to undergo treatment in a recognised facility.
Crediting of therapy time (§ 36 BtMG)
On successful completion of treatment, the time spent in therapy is, under certain conditions, credited against the sentence; the exact rules are graded in the text of the law and depend on the individual case.
Addiction treatment in prison
Besides § 35 BtMG, prisons have their own addiction counselling and treatment services, not designed uniformly under state law, often in cooperation with external addiction support providers in the region.
Aftercare after prison or therapy
For lasting success, organised aftercare – outpatient addiction counselling, self-help groups, supported housing if applicable – is of great importance. The regional offer differs considerably.
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