Diakonie criticizes abolition of the Christmas amnesty

Diakonie Sachsen is calling for a review of the decision. (Symbolic image) / Photo: Heiko Rebsch/dpa

Diaconia: The primary goal of the penal system is resocialization

"The primary goal of the penal system is resocialization. This includes structuring prison releases in such a way that people have a real chance of finding their feet again," emphasized Rotraud Kießling, officer for offender support at Diakonie Sachsen.

The abolition of the Christmas amnesty not only affects the prisoners themselves, but also their relatives. "The Christmas period is particularly emotionally sensitive for children," says Kiessling. The opportunity to spend this time with their families can have a stabilizing effect and support a new start after prison.

Christmas amnesty did not apply to all prisoners

The Christmas amnesty allows certain prisoners whose release date falls during the festive period to be released up to several weeks earlier. Saxony introduced this option in 2020. In the first year, 62 prisoners benefited from such a clemency decision; by 2024, this figure had fallen to eleven. The amnesty did not apply to those who had to serve more than two years in prison or were imprisoned for a sexual offense, for example.

In October, it was announced that there would no longer be a Christmas amnesty for prisoners in Saxony. "Punishment is not a question of the calendar, but of justice. Anyone who has committed injustice must answer for it - regardless of the time of year when the sentence is carried out," said Constanze Geiert (CDU), Saxony's Minister of Justice, explaining the decision.

For Diakonie CEO Dietrich Bauer, this argument falls short of the mark. Resocialization is not a "soft" issue and does not favour individuals. "It is a legal mandate and serves the security of society as a whole. Anyone who makes the transition out of prison unnecessarily difficult risks setbacks instead of successful reintegration."

Diakonie: Decision sends a problematic signal

Saxony is taking a special path with the abolition of the Christmas amnesty. All federal states - with the exception of Bavaria - continue to adhere to this instrument, it said. In the view of Diakonie Sachsen, this decision sends out a problematic signal, especially at a time when social cohesion and reliability are repeatedly called for.

The charity association is calling for the decision to be reviewed. The Christmas amnesty has also proven itself in practice in the past. Prison officers, probation officers and offender support services have been able to better prepare and accompany releases. This relief would be lost with the abolition.

Minister refers to regulations that remain in force

Geiert pointed out that even without the Christmas amnesty, prisoners can be released early during the festive period - if their regular release falls between December 21 and January 2. They would be able to leave prison on the last working day before December 22. Prisons would also make use of relaxation periods - such as unaccompanied release - over the festive period.

Diakonie argued that this regulation does not help those affected much. This is because many authorities are closed during this time and necessary appointments at the job center or social welfare office cannot be made. This delays the search for housing and work.

Diakonie criticizes abolition of the Christmas amnesty

Diaconia: The primary goal of the penal system is resocialization

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