German Bundestag Addresses Execution of Domestic Prison Sentences for Third-Country Nationals
Berlin, Germany – June 30, 2025 – The German Bundestag today published Drucksache 21/699, a “Kleine Anfrage” (Minor Inquiry) that sheds light on the current status of bilateral and multilateral regulations and practical implementation concerning the execution of domestic prison sentences within the home country for third-country nationals. This inquiry signifies a renewed focus on the complexities surrounding the transfer of convicted individuals to their countries of origin.
The document, titled “Vollstreckung inländischer Freiheitsstrafen im Herkunftsstaat – aktueller Stand bilateraler und multilateraler Regelungen sowie praktischer Umsetzung bei Drittstaatsangehörigen,” addresses a critical aspect of the German justice system and its international cooperation. It seeks to provide a comprehensive overview of the existing legal frameworks and practical challenges associated with ensuring that individuals convicted of offenses in Germany, but who are citizens of countries other than EU member states, can potentially serve their sentences in their home nations.
This initiative is particularly relevant in light of increasing migration and the diverse population within Germany. While the primary aim of any penal system is to ensure justice and public safety, the humane and effective management of sentences for foreign nationals often necessitates international agreements and collaborative efforts. The inquiry is likely to delve into the specifics of existing agreements, such as those with specific third countries, and explore the extent to which these are actively utilized and how effectively they are implemented on the ground.
Key areas of focus for this inquiry are expected to include:
- Bilateral Agreements: The document will likely detail the current state of agreements Germany has in place with various third countries concerning the transfer of prisoners. This would involve identifying which countries have such agreements, the scope of these agreements, and any limitations or specific conditions that apply.
- Multilateral Regulations: The inquiry may also examine Germany’s involvement in multilateral frameworks or conventions that facilitate prisoner transfers, such as Council of Europe conventions, and assess their impact on the execution of sentences for third-country nationals.
- Practical Implementation: Beyond the legal stipulations, the inquiry is anticipated to explore the practical realities of prisoner transfers. This could encompass the administrative processes involved, the challenges faced by judicial authorities and correctional services, and the success rates of such transfers. It is also likely to investigate the conditions under which prisoners are received and managed in their home countries to ensure compliance with international human rights standards.
- Third-Country Nationals: The specific focus on third-country nationals highlights the distinction from existing arrangements within the European Union, where freedom of movement and a higher degree of legal harmonization simplify prisoner transfers between member states. The complexities with nations outside the EU are often greater due to differing legal systems, judicial procedures, and the absence of standardized agreements.
The publication of Drucksache 21/699 signals the German Parliament’s commitment to understanding and potentially improving the mechanisms for dealing with convicted third-country nationals. It reflects a desire to balance the principles of justice, rehabilitation, and international cooperation, ensuring that the execution of sentences is both effective and humane. The findings and discussions stemming from this inquiry are expected to inform future policy decisions and potentially lead to the enhancement of existing agreements or the exploration of new avenues for international collaboration in correctional matters.
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Drucksachen published ’21/699: Kleine Anfrage Vollstreckung inländischer Freiheitsstrafen im Herkunftsstaat – aktueller Stand bilateraler und multilateraler Regelungen sowie praktischer Umsetzung bei Drittstaatsangehörigen (PDF)’ at 2025-06-30 10:00. Please write a detailed article about this news in a polite tone with relevant information. Please reply in English with the article only.