Overview: What Germany’s Reform Proposes
Germany’s Federal Minister of Justice, Stefanie Hubig, has proposed a significant reform to compensation for people who were wrongfully convicted and imprisoned. The draft law raises the basic daily compensation rate (Tagessatz) for wrongful imprisonment from 75 to 100 euros, and it creates a higher rate of 150 euros per day for those who spent at least six months behind bars. The plan also ends deductions for in‑prison accommodation and meals and extends the time victims have to claim compensation. These changes are intended to make compensation for wrongful conviction and wrongful imprisonment fairer and more humane.
Why change the existing system?
The current system has long been criticized as inadequate. For years the standard day rate in Germany was very low (historically as little as 25 euros and more recently 75 euros), and that amount could be reduced by accounting for the prison’s provision of room and board (“Kost und Logis”). Practitioners and advocacy groups called this approach insufficient, pointing out that half a year in pretrial detention could bring only about 4,500 euros in compensation under older rules. Critics argued the system left many former detainees without meaningful redress for the severe material and psychological consequences of wrongful conviction.
Legal experts and associations such as the German Bar Association (Deutscher Anwaltverein) urged at least 100 euros per day and noted that Germany had been a relative laggard compared with other European countries. The reform responds to those criticisms and aims to align compensation with the gravity of being wrongfully deprived of liberty.
Key elements of the draft law
The draft law contains several concrete changes to how wrongful conviction compensation (Haftentschädigung) is calculated and claimed. It focuses on three main areas: the daily rate, the removal of custodial cost deductions, and longer periods for bringing claims. Together these measures are intended to make restitution less symbolic and more meaningful.
- General Tagessatz raised: 75 € → 100 € per day.
- Enhanced Tagessatz: 150 € per day for wrongful detention of six months or more.
- Removal of deductions for Kost und Logis.
- Extended filing periods to reduce barriers caused by trauma and life disruption.
Higher day rates (Tagessatz)
Under the proposal the general Tagessatz would increase from 75 to 100 euros per day. For people who were wrongfully detained for six months or longer, the draft introduces a higher rate of 150 euros per day to reflect the more severe, long‑term impact of lengthy custody. This stepped system recognizes that long detention causes deeper and more complex harm than short periods of deprivation.
End of deductions for accommodation and meals (Kost und Logis)
The draft abolishes the practice of deducting the prison’s costs for accommodation and feeding from the compensation sum. The ministry argues that because incarceration is a wrongful state intrusion into liberty, the state’s duty to provide basic care during that wrongful deprivation cannot be used to reduce the restitution owed. This makes the Haftentschädigung a true form of redress rather than a net accounting exercise.
Longer time limits and clearer claim rules
Another important change addresses statutes of limitations and procedural time limits that have often blocked eligible people from obtaining compensation. The draft extends the period in which claims can be filed, acknowledging that emotional distress, health problems or the need to rebuild a life after imprisonment can delay the pursuit of legal claims. The reform seeks to ensure victims are not penalized for the indirect effects of wrongful conviction.
How the reform fits into existing law and payment rules
The proposal builds on existing compensation law, primarily the Strafrechtsentschädigungsgesetz (StrEG), which creates a specific claim for unjust imprisonment. While §51 of the Criminal Code (StGB) deals with crediting lawful pretrial detention against later sentences, the StrEG is the legal vehicle for compensation when custody later proves unjustified. The Tagessatz is the central mechanism in StrEG compensation and is what the draft law would increase.
Importantly, compensation payments are financed and paid by Germany’s federal states (Länder). Because of that financing model the draft requires the Bundesrat’s approval and gives the Länder and interest groups a formal opportunity to comment—stakeholders have until mid‑August to submit input before parliamentary debate resumes.
Wider reform context: victims and social compensation
The proposal on wrongful imprisonment compensation is part of a broader trend in Germany to strengthen victim and compensation law. Recent measures include the dynamization of Opferrenten for victims of DDR injustice, with yearly adjustments tied to the general pension level, and the new Social Compensation Regime (SGB XIV) that has expanded state support for victims of deliberate physical or psychological violence, vaccination damage and other harms since January 2024.
Experts see these reforms as a sign that the state is taking greater responsibility for people affected by historical and contemporary injustices. The plan to raise Haftentschädigung is framed as another component in this broader shift toward more systematic, better‑resourced compensation and rehabilitation measures.
Remaining concerns and criticisms
Although the draft addresses several long‑standing problems, critics still question whether the new figures are sufficient to cover the full scope of harm caused by wrongful conviction. Many former detainees suffer lasting damage: job loss, broken relationships, stigma and mental health problems. Because Haftentschädigung is a standardized daily sum, it may not fully capture individualized, long‑term losses the way civil claims for pain and suffering sometimes do.
Stakeholders may also press for additional measures, such as dedicated programs for professional reintegration, long‑term psychotherapeutic care, or supplementary individual compensation mechanisms to address existential or highly specific damages that a flat Tagessatz cannot remedy.
Next steps and political process
After the ministry presented the draft, the Länder and relevant associations can submit their positions by mid‑August. Because the Länder finance the payments, the Bundesrat’s agreement is required. Following the consultation period, parliamentary deliberations will continue. The proposal is also discussed in the broader conversation about investing in the justice system, including a multi‑year pact (Pakt für den Rechtsstaat) that commits funds to improve courts, staffing and digital infrastructure.
The outcome will depend on political negotiations and stakeholder input; associations and legal experts are expected to use the consultation phase to press for further improvements or clarifications.
Practical guidance for people affected by wrongful conviction
If a conviction is overturned, an investigation ends with an acquittal, or a case is dismissed, a claim for Haftentschädigung can arise under the StrEG. With the proposed extension of time limits, people affected may have more opportunity to bring claims, but it remains wise to act proactively: preserve court records, detention paperwork and any documents showing loss of income or other damages.
Seek legal advice from lawyers experienced in wrongful conviction and compensation law, because they can clarify eligibility, calculate entitlements under the new Tagessatz rules, and help manage procedural deadlines. Victims’ organizations and counseling services can also provide support for psychological recovery and for navigating application processes. Even as the law changes, proper documentation and early legal support remain important for a successful claim.
