With an application for judicial review under § 109 StVollzG, prisoners can challenge measures taken by the prison authority – the central legal remedy in the prison system.
When the application applies
The application targets measures regulating individual matters in custody – for example the refusal of relaxations, a transfer, disciplinary measures or restrictions on visits and mail. As a rule, the person must be affected in their rights.
Deadline, jurisdiction and urgent relief
The sentence enforcement chamber has jurisdiction. The application is subject to a deadline (generally two weeks after the measure is announced, § 112 StVollzG). In urgent cases an interim order may be sought. Against the decision, an appeal on points of law is available under narrow conditions.
Our support
We assess the prospects of success, observe the deadline and substantiate the application carefully – so that unlawful measures are corrected and your rights in custody are enforced.
Should a prison measure be reviewed? Get in touch – we will review your case.
Note: This information is general and does not replace advice in an individual case.