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Bavarian Court strengthens prisoner rights regarding lawyer calls
The Bavarian Supreme State Court has ruled that correctional facilities (Justizvollzugsanstalten) may not deny prisoners telephone access to their legal counsel, even if the prisoner has already exhausted their allotted monthly telephone quota.
The court decision (Az. 203 StObWs 358/26) follows a case where a prisoner's request to discuss legal matters with a defense attorney was rejected by prison management due to a lack of perceived urgency and the exhaustion of the monthly quota. The court determined that such a blanket refusal constitutes an error of discretion.
While prisoners do not have an absolute right to every telephone call, the court emphasized they are entitled to a proper and error-free discretionary decision. Furthermore, the court ruled that prison authorities cannot demand proof of special urgency or necessity as a prerequisite for allowing contact with a lawyer.
Entities
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 3 SOURCES] Calls with legal counsel cannot be denied even if the prisoner has exhausted their monthly telephone quota. www.kurierverlag.de · www.volksfreund.de · www.saarbruecker-zeitung.de
- [● 3 SOURCES] A blanket refusal to allow lawyer calls constitutes an error of discretion by prison management. www.kurierverlag.de · www.volksfreund.de · www.saarbruecker-zeitung.de
- [● 3 SOURCES] Prisoners are not required to prove special urgency or necessity to speak with their defense attorney. www.kurierverlag.de · www.volksfreund.de · www.saarbruecker-zeitung.de
- [● 3 SOURCES] The Bavarian Supreme State Court ruled that correctional facilities cannot simply deny prisoners telephone calls with their lawyers. www.kurierverlag.de · www.volksfreund.de · www.saarbruecker-zeitung.de