Open prison

In an open prison is absent or blunted precautions against escape are taken as opposed to closed prisons. This requires the occupants of the willing submission to a system of self-discipline, self-control and ability of the community and is the last and most important step to the " practice of the rules of the free life" ( rehabilitation ).

Ideally, this means: The prisoner leaves the prison in the morning and goes to his workplace. After completion of the work, he will immediately return to the institution and will remain there until the next morning, provided he has no exit or holiday. In the institution of the prisoners can participate in the leisure, sports and treatment offered there, he spends most weekends with his family. The prisoner in an open prison but has to adhere strictly to the prescribed rules. Alcohol consumption or a late return can quickly lead to a prisoner is moved to the closed prisons.

Of the 58 073 prisoners in Germany were 31 March 2012, 48 451 ( 83.43 % ) in the closed and 9,622 ( 16.57 %) in an open prison.

Legal background

For the open prison whose § 10 section 1 is in the German states, ruled by the penal law of the federation, mainly: A prisoner is to be housed with his consent in an institution or department of the open full train when it is the particular requirements of the open full train enough and is especially not to be feared that he evade the execution of prison sentence or will abuse the possibilities of open enforcement, and crime.

The § 10 Section 1 of the Prison Act is formulated as a target paragraph. From it is therefore not absolute legal right to the open prison derives, even if all conditions are met. In general, only first-time offenders are housed in an institution of the open operation, depending on the state but can have very different criteria and standards for inclusion in the open prison be decisive. Basically, it can be observed that in the southern states such as Bavaria or Baden- Württemberg stricter standards are applied, while in the northern states such as Berlin, Bremen and Hamburg a more liberal practice is common. Unsuitable for open prison are especially studied and flush vulnerable prisoners, prisoners who have in the past abused a law enforcement easing ( output and leisure ), as well as prisoners, against whom a deportation, extradition, investigation or criminal proceedings.