Die Rechtsprechung des Bundesverfassungsgerichts zum Strafvollzug und Untersuchungshaftvollzug

Abstract

In Germany, legislation concerning the treatment of prisoners and detainees in forensic psychiatric institutions, as well as the interpretation of the relevant law have to a large extent been shaped by the case-law of the Federal Constitutional Court. The author, from 2002 to 2014 Associate Justice on the Federal Constitutional Court, presents a comprehensive survey of that case-law on the basis of extracts from decisions, covering general principles – concerning, for example, security, resocialisation, the implementation of preventive detention, and the admissible reach of privatisations – as well as all kinds of living conditions and measures to which prisoners and other detainees may or may not be subjected, and the relevant constitional requirements concerning judicial protection.