Germany to raise wrongful imprisonment compensation to €150 a day
Germany's justice minister has proposed raising compensation for wrongful imprisonment and ending deductions for prison costs, a reform meant to restore stability to citizens whose lives were disrupted by judicial errors.
Federal Justice Minister Stefanie Hubig has introduced a draft law to increase the financial compensation paid to people wrongfully imprisoned in Germany. The legislation would raise the baseline daily payout from €75 to €100, with the rate climbing to €150 for detentions lasting longer than six months.
The reform addresses a point of contention by explicitly banning prisons from deducting food and accommodation costs from these payments. "Part of our legal system is the principle that mistakes are corrected," Hubig said, according to DPA, adding that retroactive deductions for "board and lodging" are wrong.
Compensation is available to individuals who serve time for a conviction later overturned, or those held in pre-trial detention for cases that end in acquittal or are dropped. To help claimants navigate the process, the proposal extends the deadline to file for compensation from one month to two months after proceedings terminate.
For those who successfully appeal a conviction, the draft introduces a right to public vindication. The reversal of the verdict would be published in the Federal Gazette, formally clearing the individual's name in the public sphere.
The financial support is designed to help individuals rebuild after the severe disruptions caused by a wrongful conviction, such as the loss of employment and housing. Germany's system contrasts with other jurisdictions; while 38 US states have specific compensation laws, the UK requires exonerees to prove their innocence beyond a reasonable doubt before receiving a payout.
Implementing the changes requires approval from the Bundesrat, as Germany's states bear the cost of the compensation. State governments and relevant associations have until August 14 to submit their feedback on the draft. A previous attempt to reform the system, led by former Justice Minister Marco Buschmann in July 2024, stalled when the coalition government collapsed.
