… in (Special) Living Conditions.
People who are in special circumstances, for example pregnant people or people with a medical condition,
may have special(ised) issues that they need to address.
Single Parenting and Arrest
Before Arrest
If child care has not yet been clarified before the commencement of imprisonment, a postponement of enforcement with a maximum duration of 4 months can be applied for in exceptional cases (Sec. 456 German Code of Criminal Procedure). The duration of the sentence remains unchanged.
It is possible that the authorization of the postponement is tied to certain fixed conditions. In this case, the postponement of enforcement is at the discretion of the public prosecution office (enforcing authority).
If the enforcing authority rejects the application for postponement of enforcement, the convicted person may object to the court (Sec. 458 German Code of Criminal Procedure). The objection should be carried out as an immediate complaint on appeal to the higher regional court before the commencement of imprisonment.
During Arrest
In Germany there are some penal institutions called mother-child institutions. In these institutions, mothers can be accommodated together with their child under certain conditions (according to Sec. 80 Prison Act). One condition is that the placement is in the best interests of the child. Another condition is the age of the child. The age limit is set by each state. In Saxony-Anhalt, the age limit is set until the age of 3 (Sec. 21 JVollzG LSA). The accommodation costs for the child must be covered by the person obliged to pay maintenance.
If the child is not accommodated in the penal institution, it is possible to apply for a work release for supervision of the child. This means that while the child continues to live at home, the imprisoned mother can regularly leave the penal institution to look after the child. The work releases for supervision are limited in time, which means that the mother must return to the penal institution at a certain time every day. Thus, there must be another supervisor for the child.
There are regular visit times in the penal institution. This means that prisoners have a certain number of hours per month to use for visits. In Saxony-Anhalt, this is 2 hours a month. If the prisoner has a physical or legal child under the age of 14, the regular visit time is increased to two more hours, which the prisoners can then use for their children.
Some prisons also organise parent-child parties or other events or group meetings of this sort. Information can be obtained from the General Enforcement Officer (AVD) or the social service.
Pregnancy and Imprisonment
Usually, pregnant women and parents of young children must serve their sentence just like people who do not have children. Special provisions of imprisonment for women command that the condition of pregnant prisoners and those who have recently given birth must be taken into account. The Guide to Maternity Protection (MuSchG) applies to employed prisoners.
There is medical care, which includes medical check-ups, such as a pregnancy test, preventive screenings and laboratory examinations.
The childbirth will take place in a hospital outside of the penal institution. Should this not be possible, the delivery may also take place inside a penal institution with a maternity ward and medical professionals.
The enforcement of a sentence may be postponed if the convicted person is not fit for punishment. However, these are individual case decisions and there are no generally applicable criteria.
Persons with Disabilities
According to the German Basic Law no person shall be disfavoured because of disability (Article 3(3)). This means a prisoner with a disability must be able to participate in daily life in the penal institution.
To participate in the daily routine, penal institutions have to be accessible for persons with disabilities.
Nevertheless, in older penal institutions there are still some barriers for people with disabilities. Alternative options should then be found in order to enable people with disabilities to participate in the daily routine.
For example: if a person in a wheelchair cannot work in a factory due to an obstacle such as a staircase. In this case, alternative options should be found to allow them to work in a factory. For example, other people could help them climb the stairs with the wheelchair.
However, inclusion of people with disabilities means so much more. It means that persons with disabilities are able to participate in every activity and area. That includes living, working, taking care of oneself, relaxing, being educated, living in the community, being able to participate in communication and much more. For example: The house regulations have to be read to persons with visual impairment, if they are unable to read and/or the house regulations are not available in Braille.
For persons with disabilities it may be advisable to file an application for unfitness for punishment. This should be discussed in advance with a lawyer.
Unfit for Punishment
A sentence can be postponed if the convicted person is unfit for punishment due to e.g., a life-threatening health condition which would endanger their life if in prison or the convicted person is deteriorating into a mental illness. Specified medical doctors or physicians may check if a convicted person is unfit for punishment.
Likewise, the imprisonment may be interrupted, for example, if the life of the prisoner or others is in danger due to an illness.