Electronic ankle bracelet: draft law to come after the summer break

According to Federal Justice Minister Stefanie Hubig (SPD), electronic ankle bracelets based on the "Spanish model" for violent offenders could be introduced throughout Germany as early as next year. She made this statement to the Süddeutsche Zeitung newspaper. The "Spanish model" is intended to prevent femicides, stalking, violence and threats from ex-partners in particular. The interior ministers of the federal states had called for the introduction of a nationwide regulation at their spring conference in June.

The actual distance counts

The Spanish model is not based on fixed no-go zones for offenders, as is the case with the current use of electronic monitoring of whereabouts, but on the distance between the offender and the victim. Fixed prohibition zones can, for example, relate to the victim's place of residence or workplace. In the Spanish model, the victim carries a GPS unit with them and is informed if the offender with an ankle tag is in their vicinity, either intentionally or unintentionally. Both the victim and the police then receive a warning. However, Hubig does not want to dictate this to victims. They will be "left free to decide whether or not they want to carry a receiving device with them."

Hubig announced that he would present a draft law after the summer break and outlined the timeline: "Realistically, we will be able to start working on this in the course of next year. Once the law has been passed, it still has to be implemented in practice by the federal states. The federal states are already working flat out to prepare for implementation and expand the necessary capacities. There is already a joint monitoring center of the federal states in Hesse."

Not only ankle bracelets, but also an increase in the sentencing range

Not only are ankle bracelets intended to provide better protection for victims, violence protection orders are also to be enshrined in child custody law in order to "better protect children from a violent parent". And the range of penalties for violations of the Protection against Violence Act is to be increased: "From a fine or a maximum of two years' imprisonment as before to a fine or up to three years' imprisonment, so that the orders become more effective." In addition, "for example, participation in anti-violence training should be made mandatory," Hubig told the SZ.

An ankle bracelet based on the Spanish model has already been used in one case in Germany since the beginning of this year. The Hesse Ministry of Justice reported in January that the ex-wife of an offender who has already served a prison sentence is being protected in this way in Saxony. According to Hesse's Minister of Justice Christian Heinz (CDU) and Saxony's Minister of Justice Constanze Geiert (CDU), "[the] successes in Spain speak for themselves". Hesse introduced the new generation of ankle bracelets, which can be used to implement the Spanish model, in 2024. The joint electronic monitoring center of the federal states (GÜL) is also based in the western German state. Its task is to monitor ankle bracelet wearers. It receives incident reports around the clock and evaluates them with regard to any necessary measures to avert danger or supervise conduct. The GÜL is to receive more resources in future in order to be prepared for the planned changes to the law. This was also announced by the interior ministers at their spring conference in Bremerhaven in June.

(kbe)