Continuing right of legal protection after completion of prison measures under § 115 Abs. 3 StVollzG

The Federal Constitutional Court declined to accept the constitutional complaint for a decision, thereby leaving the lower court’s rejection of the petitioner’s claim intact. The dispute concerned a prisoner’s challenge to the higher regional court’s determination that no continuing legal interest in relief existed after the execution of the relevant prison measures had been completed. The court ruled that the rejection was not unconstitutional because the legal prerequisites for a continuing need for legal protection under § 115 (3) of the Act on the Execution of Sentences were not met, and the petitioner failed to allege or demonstrate any abusive conduct by the correctional facility that would have warranted an exception to the general rule. The decision was based on § 93a (2) of the Federal Constitutional Court Act, finding neither fundamental legal significance nor a necessary intervention for the enforcement of fundamental rights.