Imprisoned abroad: Benefits of serving in prison in Germany

An arrest abroad presents those affected and their relatives with enormous legal and personal challenges. Unknown legal systems, language barriers and often much stricter detention conditions can considerably aggravate the situation. In many cases, however, it is possible to serve a prison sentence imposed abroad largely or partially in Germany. This can bring significant benefits.

Arrest and prosecution abroad – an exceptional situation

If a German national is arrested abroad, the further procedure is initially governed by the law of the respective foreign state, whereby international regulations and international agreements can supplement or break foreign law. The conditions of detention, the duration of pre-trial detention and the rights of the detainees sometimes differ considerably from German standards. Access to Defence, medical care or family contacts are also not always guaranteed.

After a final conviction, the question often arises whether the detention abroad must be served in full or whether a transfer to Germany is possible.

The possibility of serving a prison sentence in Germany results from international agreements, for example:

• The Convention on the Transfer of Convicts of the Council of Europe
• Bilateral state treaties
• As well as supplementary regulations in German law (e.a. §§ 48 ff. IRG)

As a rule, the prerequisite is that:

• There is a final judgement,
• A recognised translation of the judgement into German is available,
• The convicted person is a German national or has a close relationship to Germany,
• Both the ruling state and Germany agree to the transfer,
• And the convicted person himself submits a corresponding request.

Advantages of a prison sentence in Germany

Transferring to German prisons can have numerous advantages for those affected:

1. More humane detention conditions

The German prisons are based on the idea of resocialisation. Accommodation, medical care and hygiene standards generally correspond to significantly higher standards than in many other countries.

2. Proximity to family and social environment

The detention in Germany allows regular visits of relatives and facilitates contact with the family considerably - an important factor for psychological stability and later reintegration.

3. Enforcement advantages

In Germany, transparent regulations apply to:

• Adhesions
• Open execution
• Early release on probation
• Crediting of pre-trial detention
• Enforcement plans and therapy offers

Under certain circumstances, the remaining sentence may be more favourable than in the state of judgement.

4. Better Defence and legal protection options

Those affected can rely on a familiar legal system and have better access to legal advice, especially with regard to enforcement issues or probation decisions.

Early legal advice is crucial

Whether and under what conditions a transfer of detention to Germany is possible depends strongly on the individual case. Immediately after an arrest abroad, legal measures can be decisive for keeping later transfer options open and avoiding formal errors.

The law firm "NOBIS - Lawyers for Criminal Law" can

• Communicate with domestic and foreign authorities,
• Take over the communication via our cooperating lawyers (worldwide) or through our own lawyers (Spain) with the foreign authorities,
• Check the requirements for a transfer,
• Prepare and accompany applications abroad (worldwide) and in Germany and Spain through our own lawyers,
• And represent the interests of those affected both abroad and vis-à-vis German authorities.

The possibility of detention transfer to Germany offers considerable legal and personal advantages for many affected people. However, early, well-founded legal advice in international criminal law is crucial. We at NOBIS – Lawyers for Criminal Law are well prepared for this with our many years of experience in international criminal law.

Testimonials of clients imprisoned abroad

In a separate article, we have collected experience reports of clients who were imprisoned abroad and were able to serve partial penalties in Germany through the successful work of our lawyers.