NCJ Number
114524
Date Published
1988
Length
12 pages
Annotation
Most socialist countries, including the German Democratic Republic (GDR), have provisions for noncustodial sanctions; although, there are remarkable differences and distinctions in their use.
Abstract
In some countries, the administration of alternatives is the responsibility of social organizations or work teams, while in the GDR conditions of probation are pronounced at sentencing. Variations also are found among socialist countries in the offenses for which alternative sanctions may be imposed. In the GDR, probation can only be imposed for offenses and not for crimes. In the GDR Penal Code the application of alternatives is not explained in detail, and judges are given latitude in deciding whether to imprison or use an alternative. Under the law, primary consideration is given to the gravity of the offense and the severity of the offender's guilt in the sentencing decision. While this results in distinct differences in the application of alternative sentences such as suspended sentence, probation, or fine, it also permits the court to assess the offender's personality and personal conditions and individualize the sentences. The latitude allowed judges to place high demands on them, not only in assessing individual aspects of cases, but in having criminal-political conceptions, experiences, and knowledge in the field of jurisdiction. Because the socialist countries have social relations free of social antagonisms and a high level of social, cultural, and economic human rights, they are well situated to realize the humanistic principle of social reintegration of offenders and the broadest implementation of alternatives to imprisonment.