Haft und keine Alternative? Zur Situation von Ersatzfreiheitsstrafen-Verbüßern am Beispiel Bremen

Matt, Eduard

doi:10.1515/mks-2005-0046

Cited by 7 publications

(4 citation statements)

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“…Using charitable work as a default and resorting to imprisonment only when such work is not accepted should also be considered. Matt (2005) suggests that the conversion of fines into prison sentences should be based on the Swedish model. In Sweden, unpaid fines are placed under the supervision of a bailiff who can work out the possibility and chance of paying the fine.…”

Section: Discussionmentioning

confidence: 99%

“…clarifying bureaucratic requirements; or even . suggesting authorities to spare the fine (Matt 2005). Dolde's arguments are quite similar.…”

Section: Discussionmentioning

confidence: 99%

“…Nevertheless, it results in a huge administrative effort (Albrecht 1995). Thus the sense of EFS is already subject to extended discussions in Germany (Dü nkel & Grosser 1999, Dü nkel, Scheel & Grosser 2002, Matt 2005.…”

Section: Introductionmentioning

confidence: 99%

“…From a legal point of view, it might even be asked if this is an infringement of the constitutional principle of equality. It may also be asked whether the EFS is further weakening the already economically as well as socially disadvantaged (Matt 2005).…”

Section: Introductionmentioning

confidence: 99%

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Punishing the disoriented? Medical and criminological implications of incarcerating patients with mental disorders for failing to pay a fine

Müller‐Foti¹,

Robertz²,

Schildbach³

et al. 2007

International Journal of Prisoner Health

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According to the German penal code, offenders can basically be sanctioned to a prison sentence or (in cases of misdemeanours) to a fine. If an offender is sentenced to a fine, but is not able or willing to make the payment, then the German state can administer a custodial sentence as a replacement. This is called an ''Ersatzfreiheitsstrafe'' (EFS). The proportion of EFS prisoners accounts for 10% of the German prison population and thus appears to be strikingly high considering the consequences of an imprisonment for the detainee. It has been considered that this is due to high levels of mental disorders in the population of EFS prisoners. This article thus aims at delineating the prevalence of mental disorders in EFS prisoners according to socio-demographic data and ICD-10 diagnoses of two recent German studies. Results of these studies indicate that EFS prisoners indeed are for the most part socially and economically deprived and show a high prevalence of mental disorders. It is argued that their resulting lack of social competence may lead to incapability of avoiding their fee being converted into a prison sentence. As a consequence EFSs have to be seen as supporting social stigmatization and risking a further exclusion from society.

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Section: Discussionmentioning

confidence: 99%

“…clarifying bureaucratic requirements; or even . suggesting authorities to spare the fine (Matt 2005). Dolde's arguments are quite similar.…”

Section: Discussionmentioning

confidence: 99%