A proposed reform by Germany’s Federal Minister of Justice would increase the amount of the money paid to those who serve prison time after being wrongfully convicted.
People who are found to have been unjustly imprisoned in Germany are compensated for each day they served in prison. This is meant to help people get back on their feet after having had their lives unfairly disrupted by a prison sentence.
A proposal, by Federal Minister of Justice Stefanie Hubig, would increase the compensation owed to those affected. The rule change would also prevent prisons from withholding these funds for food and accommodation costs.
Here’s what the reform would change, and how compensation for false imprisonment in Germany compares to other countries.
More money, less deductions
Hubig’s proposal would increase the daily compensation rate for falsely imprisoned people to €100 per day of imprisonment, up from the current rate of €75.
After six months in prison, the amount would rise to €150 per day.
The proposal also clarifies that prisons cannot withhold food and accommodation costs as expenses from this compensation payment.
Compensation is owed to those who serve a prison term for a conviction that is later overturned, or to those that were held in pre-trial detention for a case that is later discontinued or ends in an acquittal.
Longer deadlines
People who were unjustly imprisoned will also have longer time than before to assert their claims in the future.
Currently, compensation requests must be submitted within one month of the notification of termination of the proceedings. This would be extended to two months.
Also those who have successfully appealed against a previous conviction could demand the public announcement of the reversal of the verdict, to be published in the Federal Gazette.
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Why Germany compensates the unjustly imprisoned
“Part of our legal system is the principle that mistakes are corrected,” Hubig said, according to a report by DPA, adding that it was also wrong that someone in such a situation has to endure deductions for “board and lodging” retrospectively.
This compensation is meant to help people deal with serious disruptions to their lives that can result from being falsely imprisoned, including the potential loss of employment, housing or other key securities.
Similar compensation rules apply in other countries.
In the US, 38 states have established compensation laws for wrongful imprisonment, whereas 12 states lack specific laws. The UK has a system for pay-outs for wrongful convictions, but it requires those who had been convicted to further prove their innocence beyond reasonable doubt before they are eligible.
Germany’s proposed reform to raise payments would need to be approved by the Bundesrat, because the compensation is paid by the states. States and associations can now comment on the draft until August 14th.
Former Federal Minister of Justice Marco Buschmann (FDP) had previously presented a reform proposal in July 2024, but that draft failed to move forward after the traffic light government collapsed shortly afterwards.
With reporting by DPA.
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