Kontingent aufgebraucht?: Gericht stärkt Rechte von Gefangenen bei Anwaltstelefonaten

The Bavarian State Higher Court (203 StObWs 358/26) ruled that prisons (JVA) cannot simply deny a prisoner a telephone call with their lawyer or defense attorney, even if the designated phone quota has been exhausted. The law portal anwaltauskunft.de notes that such a blanket denial constitutes a discretionary error by the institution.

In a specific case, a prisoner sought permission for a telephone conversation with their defense attorney to discuss a legal matter. The prisoner provided a solid reason for the request, which could not be indefinitely postponed. Despite this, the institution denied the application, citing the lack of urgency and referring the prisoner to their regular monthly phone quota.

The institution then appealed to the Bavarian State Higher Court to clarify the legal stance on telephone consultations. The court rejected the institution's stance, stating that while prisoners do not have an absolute legal right to every telephone conversation, they are entitled to a proper and error-free discretionary decision.

The court emphasized the constitutional significance of confidential contact between defendants and counsel, as well as the general adjustment principle in penal custody. Therefore, institutions should allow such discussions with counsel. In certain specific cases, the authority may even be required to compulsorily provide the telephone call.