Resocialisation through prisoner remuneration: The unconstitutionally low remuneration of working prisoners in Germany

Abstract

In Germany, prisoners are obliged to work during their imprisonment in most federal states. However, prisoners currently receive very little remuneration for this work. For two decades, this remuneration has stagnated at a low level or even decreased in some federal states. In a landmark ruling on 20 June 2023, Germany's highest court, the Bundesverfassungsgericht (BVerfG, Germany's Federal Constitutional Court), recognised that the remuneration in two federal states is unconstitutionally low. As a result, for the first time in 25 years, the remuneration of prisoners will now change and – hopefully – increase significantly.