Germany

Early release in Germany is based on discretionary decisions – that is, conditional release from determinate prison sentences after prisoners have served (exceptionally) half or (routinely) two thirds of their sentences (of up to 15 years), or from life sentences after having served at least 15 years. Conditional release is granted to prisoners with good prognoses, but the exclusion of all risk is not required – a ‘justifiable’ degree of risk is accepted. There are more detailed regulations for the young inmates of youth prisons (aged 14-24 years). For those conditionally released from mental hospitals and preventive detention, special regulations for prognostic criteria and supervision are provided. The competent authority for conditional release is always a judge (special chamber of the District Courts), which is a requirement of the Constitution (Art. 104(2) of the Basic Law).