Germany’s prison system is facing increased strain due to the rising number of individuals serving sentences for non-payment of fines – known as “Ersatzfreiheitsstrafen” – according to a recent survey of all 16 federal states. The inquiry, conducted by the Redaktionsnetzwerk Deutschland and published Sunday, reveals that prisoners serving time for unpaid fines comprise between four percent (Hamburg) and eleven percent (Brandenburg) of the total incarcerated population.
Despite the pressures on capacity, Justice Ministries across all states have indicated they remain committed to the principle of “Ersatzfreiheitsstrafen”. Rheinland-Pfalz Justice Minister Philipp Fernis argued that abolishing the practice would be counterproductive, potentially leading to the non-collection of fines that rely on this enforcement mechanism.
However, several states are advocating for reforms to the system. Hamburg’s Justice Senator Anna Gallina called for the decriminalization of specific offenses, such as fare evasion and prostitution in restricted areas, noting that individuals committing these acts often find themselves in vulnerable circumstances and are unable to pay associated fines.
North Rhine-Westphalia’s Justice Minister Benjamin Limbach echoed this sentiment, stating that reducing the number of individuals imprisoned for unpaid fines would benefit both the justice system, those affected and taxpayers. He further emphasized the urgent need for federal legislation to remove fare evasion from the list of criminal offenses. The emphasis across multiple states appears to be on addressing the root causes of fine non-payment and exploring alternative enforcement methods to alleviate the burden on the prison system.