Debtors' prison

A debtor's prison (including debtors' prison ) was to the 19th century, a special prison for people who had not met their payment obligations.

Middle Ages

Prior to the introduction of public debtors' prison was known for defaulting debtors debt bondage (often accompanied by a processing option ), and the adhesive in private prisons (so-called personal liability ).

In the late Middle Ages and the beginning of the early modern period the public debt detention in Germany became the rule. She served the Leistungserzwingung (so-called Pressionshaft ) and not, as often assumed to sanction, as prison sentences were not yet known. In some cases there was also the opportunity to serve his debt (eg in Nuremberg).

In most cities the towers of the city wall served as a municipal prisons. For certain sanctions had their own prisons, and the towers were part of it its name (eg blood tower, Diebsturm, debtors' prison ). The term " debtor's prison " was, from the Saxon Constitutions, a buzzword for the public debt imprisonment in debtor's prison.

Modern Times

Until modern times, the debtor's prison remained to secure the one hand, a means of enforcing a judgment moderate power, on the other hand, a security arrest to the initiation or continuation of the process or the risk of execution in the debtor's assets (including personnel arrest ) in Germany and in several other jurisdictions. It was considered a particular shame, but was defeated in comparison to criminal detention special rules. So she was mostly similar to today's open prison, that is, the debtor could during the day have a job to pay off his debt.

During the 19th century, the debtors' prison in Europe was largely abolished. So it has already been repealed in France in 1867, followed by Austria. The North German Confederation did this with the law of 29 May 1868 the UK with the Debtors Act 1869 and Sweden in 1879.

In 1976, the International Covenant on Civil and Political Rights in force, which provides in Article 11: "No one shall therefore only be taken into custody because he is unable to fulfill a contractual obligation. "

Presence

Comparable, still in use today in Germany detention forms are:

• The maximum six-month Erzwingungshaft to deliver an affidavit of a debtor under § 901 ff ZPO (with liabilities of any kind);
• The maximum six-week Erzwingungshaft with unwillingness to pay and fines;
• Custodial sentences;
• Personnel arrest as backup for the enforcement against the assets.

As a metaphor, the term of the debt tower is still common in the political and social as well as the legal language today. One speaks, for example, of the " eternal debtors 'prison " or a " debtors' prison commitment", referring to that a debtor is unable to free themselves from its crushing debt load.