Hamburg's prisons are full again: punishment for poor payers has started!

Hamburg's prisons are full again: punishment for poor payers has started!

In Hamburg, a regulation has been in force again since the beginning of June, which has consequences for some citizens even beyond the prison walls. Anyone who cannot pay their fines will have to go back to prison. These measures are in response to a previous six-month pause during which the Justice Department suspended the enforcement of substitute prison sentences due to prison overcrowding. The taz reports that 517 convicts were not initially taken into custody, while the execution of 27 others was interrupted. As part of this regulation, those affected were granted a reprieve.

After the deadlines have expired, the public prosecutor's office will gradually resume these substitute prison sentences. As part of the reform, prisons have also created the option for sentences to be compensated for through community service.

Social aspects of the substitute prison sentence

However, there are also critical voices about this regulation. Critics point out that the practice of alternative detention increases social inequalities and particularly affects people in precarious living situations. Imprisonment often does not lead to rehabilitation, but rather promotes the exclusion and stigmatization of those affected. KripoZ highlights that the fundamental problem – punishing poverty – still exists. A revision of the sanctions law could lead to a renaissance of social responsibility, but there is criticism that this reform is not enough to really address the structural problems of poverty.

In addition, many of those affected by substitute prison sentences come from socially disadvantaged groups and often struggle with psychological or health problems. The chances of using repressive measures to have a positive influence on financially weak people and their behavior are rather small.

Criminal Justice Reforms

Behind the issue are also more comprehensive reforms in German sanctions law, which Federal Justice Minister Marco Buschmann described as “historic”. The federal government has adopted measures to revise criminal sanctions law, which came into force on October 1, 2023. Among other things, these stipulate that the conversion rate from a fine to a prison sentence will be halved, which means that someone will only have to go to prison for half the days if they cannot pay fines or do not do community service.

The reform takes into account the goal of reducing the number of substitute prison sentences actually carried out. The focus is also on support through social work and early information about avoiding imprisonment. Nevertheless, it remains to be seen whether these changes will actually lead to a noticeable reduction in the burden on overburdened prisons.

In summary, it can be said that the regulations in Hamburg and the comprehensive reforms in sanctions law are triggering important discussions. However, it remains questionable whether the reforms actually represent an improvement for the socially disadvantaged in the strict sense. The city and its citizens are faced with the challenge of finding a responsible and effective way to deal with such complex issues.