Sentencing practice and the development of prison population rates in Germany and Lithuania in a European comparative perspective

Abstract

The incarceration rate of a country is indicative of the nature of its penal policy and the degree of repression it entails. Even in European countries, there is considerable variation. Furthermore, there are disparate trends in its evolution, which elicit disparate responses from different countries. In some countries, low prison populations are regarded as a significant indicator of a moderate and rational penal policy. As they begin to rise, efforts are made to identify strategies for reducing them. Conversely, in other countries, they are accorded less attention until overcrowding becomes a problem. Criminological research indicates that imprisonment is an ineffective and detrimental practice and should only be employed as a last resort with the objective of facilitating resocialisation. The number of individuals incarcerated on an annual basis in a specific country is primarily contingent upon political decisions. A comparison of prison populations and penal policy measures in different countries provides a more nuanced understanding of the effectiveness of the measures taken and allows for a more informed assessment of the need for, and potential for, reform in one’s own country in the context of another. This paper analyses punishment practices and trends in prison populations in Germany and Lithuania in comparison to other European countries. Despite political change and various social and economic developments, Germany has been characterised by a stable and declining prison population in recent years. This example is pertinent to countries that have invested significant resources into reducing their prison populations, such as Lithuania and other Baltic countries, and has achieved notable success. It is also relevant to countries where the prison population has shown a marked increase in recent years. The paper aims to explain the reasons for declining prison populations in Germany and Lithuania and to identify effective strategies and measures that can be implemented to ensure a consistent and sustained reduction in the prison population.