🧭 Rights and duties in prison – the overview

Prison law is a matter for the federal states: your rights in prison depend mainly on the prison act of your federal state, not on a single federal law.

prison law Justizvollzugsgesetz (prison act) reintegration aim of imprisonment principle of approximation to normal life pre-trial detention federalism reform

In brief

Since the federalism reform of 2006, prison law in Germany has been a matter for the federal states. All 16 federal states have meanwhile enacted their own prison acts (named differently, e.g. Strafvollzugsgesetz, Justizvollzugsgesetzbuch, Landesjustizvollzugsgesetz). Under Art. 125a para. 1 GG, the federal "StVollzG" applies only where a state has not enacted its own law – this is currently the case in no federal state any more, but the StVollzG remains important as a historical reference norm and as the model for many state rules. By contrast, the Criminal Code (StGB), the Code of Criminal Procedure (StPO) and the Federal Central Criminal Register Act (BZRG) continue to apply nationwide.

The shared aim of all state laws is reintegration: prisoners are to be enabled to lead a life without crime in future. Their fundamental rights also apply in prison, but may be restricted by law where necessary for orderly enforcement of the sentence.

Step by step

Know the state law that appliesFind out which prison act applies to your prison (Justizvollzugsanstalt, JVA) – what counts is the federal state where the prison is located, not where you lived before prison.
Distinguish pre-trial detention from prison sentencesPre-trial detention is governed by separate state laws on its enforcement and by §§ 112 ff. StPO for the order itself – the rules differ, in part considerably, from those for serving a sentence.
Understand the aim of imprisonment and the principle of approximationLife in prison is to be made as similar as possible to general living conditions (principle of approximation) – this is a guiding principle, not an individual claim to particular conditions that you can sue for.
Compile the legal sources for your specific caseCombine the state law of your prison with the nationwide norms (StGB, StPO, BZRG) – both levels are relevant to your situation at the same time.
Ask if you are unsureThe court's legal application office (Rechtsantragstelle), the prison management, your defence lawyer or an external advice centre for offender support can tell you which rules apply specifically in your federal state.

Deadlines

2 weeks

Standard deadline for applying for a court decision against a prison measure, provided for in comparable form in the state lawscf. § 112 StVollzG (federal) as a reference norm

differs by state

Deadline for drawing up the first sentence plan after admission – regulated in the respective state law, not nationwiderespective state prison act

Watch out – common mistakes

There is no single German prison act – the correct position is: 16 state laws plus the nationwide norms StGB, StPO and BZRG. General statements found on the internet often apply only to one particular federal state.
Pre-trial detention and prison sentences follow different rules – anyone who mixes the two up is relying on the wrong law.
Deadlines in prison law are often very short (frequently two weeks) – do not let them pass; if in doubt, act immediately instead of waiting.
As a rule, the right to vote is retained during prison as well. It can be withdrawn only in rare exceptional cases named in law, in particular for certain political offences – for most convictions this plays no role.

In depth · legal basis, figures and practice – for advisers and professionals

Federalism reform 2006

With the federalism reform (in force since 1 September 2006), legislative competence for prison law passed from the federal government to the states. Over the following almost ten years, all 16 federal states enacted their own laws – Bavaria began on 1 January 2008, and the Berlin law was the last to enter into force in 2016. Within their scope, these state laws take precedence over the federal StVollzG (Art. 125a para. 1 GG).

Aim of imprisonment and principle of approximation

All state laws name as the aim of imprisonment, in essence, enabling a life without crime (reintegration) as well as protecting the public from further offences. The principle of approximation and the counteraction principle (harmful consequences of deprivation of liberty are to be actively counteracted) are contained in almost all state laws in comparable, but not identically worded, form.

Pre-trial detention regulated separately

Persons in pre-trial detention are subject to separate state laws on the enforcement of pre-trial detention (often the "UVollzG" of the respective state), while the order for pre-trial detention itself is regulated nationwide in §§ 112 ff. StPO. The presumption of innocence leads to some differences compared with serving a sentence, for example regarding clothing, own food or contact with the defence lawyer.

Fundamental rights subject to statutory reservation

Fundamental rights such as personal liberty (Art. 2 GG), the privacy of correspondence and post (Art. 10 GG) or the inviolability of the home (Art. 13 GG) also apply to prisoners, but may be restricted by the respective state laws where necessary for the security or order of the prison. Details on legal protection against specific restrictions can be found on the page "Rights in prison".

Who is responsible

Prison (Justizvollzugsanstalt, JVA) of the respective federal state
State ministry of justice

Quick questions

Worum geht es bei „Rights and duties in prison – the overview“?

Prison law is a matter for the federal states: your rights in prison depend mainly on the prison act of your federal state, not on a single federal law.

Which deadlines and figures matter?

2 weeks: Standard deadline for applying for a court decision against a prison measure, provided for in comparable form in the state laws (cf. § 112 StVollzG (federal) as a reference norm)
differs by state: Deadline for drawing up the first sentence plan after admission – regulated in the respective state law, not nationwide (respective state prison act)

What should I do first?

Know the state law that applies: Find out which prison act applies to your prison (Justizvollzugsanstalt, JVA) – what counts is the federal state where the prison is located, not where you lived before prison.
Distinguish pre-trial detention from prison sentences: Pre-trial detention is governed by separate state laws on its enforcement and by §§ 112 ff. StPO for the order itself – the rules differ, in part considerably, from those for serving a sentence.
Understand the aim of imprisonment and the principle of approximation: Life in prison is to be made as similar as possible to general living conditions (principle of approximation) – this is a guiding principle, not an individual claim to particular conditions that you can sue for.

What do I need to watch out for?

There is no single German prison act – the correct position is: 16 state laws plus the nationwide norms StGB, StPO and BZRG. General statements found on the internet often apply only to one particular federal state.
Pre-trial detention and prison sentences follow different rules – anyone who mixes the two up is relying on the wrong law.
Deadlines in prison law are often very short (frequently two weeks) – do not let them pass; if in doubt, act immediately instead of waiting.

Evidence

StGB, StPO, BZRG (gesetze-im-internet.de)
Art. 70, 74, 125a GG (gesetze-im-internet.de)
Respective state prison act, e.g. StVollzG NRW, as of 1 April 2026 (recht.nrw.de)

As of

As of September 2026. Prison law is a matter for the federal states (Art. 70, 74, 125a GG); information on federal law (StGB, StPO, BZRG, SGB, BtMG, InsO, BGB) applies nationwide, information on state law may differ in the respective federal state. <a href="../quellen.html">Sources and methodology</a> · Sources and method

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.