CORRECTIONS IN THE FEDERAL REPUBLIC OF GERMANY (FROM INTERNATIONAL CORRECTIONS 1979, BY ROBERT J WICKS AND H H A COOPER - SEE NCJ-61835)

• NCJ Number: 61838
• Author(s): H J SCHNEIDER; S SCHEERER
• Date Published: 1979
• Length: 17 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

THE CORRECTIONAL SYSTEM IN THE FEDERAL REPUBLIC OF GERMANY IS ADDRESSED, WITH ATTENTION PAID TO CRIME. CRIMINAL SANCTIONS, CORRECTIONAL INSTITUTIONS, AND THE LEGAL REGULATION OF CORRECTIONS.

Abstract

BETWEEN 10 AND 15 PERCENT OF ALL REGISTERED FELONIES AND MISDEMEANORS IN WEST GERMANY END WITH A CONVICTION BY A CRIMINAL COURT. OF 664,536 CONVICTIONS IN 1975, ALMOST HALF WERE TRAFFIC OFFENSES AND MORE THAN HALF OF THE REMAINING CONVICTIONS INVOLVED PROPERTY CRIMES; 727 PERSONS WERE CONVICTED OF MURDER OR MANSLAUGHTER. PROVISIONS OF THE CRIMINAL CODE OF 1871, REVISED IN 1975, ARE APPLICABLE TO PERSONS OVER 21 YEARS. EXCEPT FOR TRAFFIC OFFENSES, MOST ADOLESCENT OFFENDERS BETWEEN 18 AND 21 YEARS ARE TRIED ACCORDING TO JUVENILE COURT STATUTES. CRIMINAL SANCTIONS CONSIST OF PENALTIES, FINES, AND INCARCERATION. SPECIAL PROVISIONS EXIST FOR DETENTION IN PSYCHIATRIC HOSPITALS AND IN SOCIAL-THERAPEUTIC AND WITHDRAWAL CENTERS FOR ALCOHOLICS AND DRUG ADDICTS AND FOR FULL-TERM SECURITY DETENTION OF DANGEROUS OFFENDERS. THE DEATH PENALTY HAS BEEN ABOLISHED. THE MAXIMUM SENTENCE IS LIFE IMPRISONMENT APPLICABLE TO MURDER, SEVERE CASES OF HIJACKING, AND KIDNAPPING. ALL OTHER SENTENCES ARE DETERMINATE, THE MOST SEVERE BEING 15 YEARS AND THE LEAST SEVERE BEING 1 MONTH. IN THE NATURE OF OFFENSES, THE CRIMINAL CODE DOES NOT DISTINGUISH BETWEEN ADULT AND JUVENILE OFFENSES. THUS, DISORDERLY CONDUCT, TRUANCY, AND RUNNING AWAY FROM HOME CANNOT LEAD TO A PROCEDURE BEFORE THE JUVENILE COURT. JUVENILE COURT JURISDICTION EXTENDS TO JUVENILES BETWEEN 14 YEARS AND 18 YEARS OF AGE. CONSEQUENCES OF CRIMINAL OFFENSES ARE DIFFERENT BETWEEN ADULT AND JUVENILE LAW. THERE ARE NUMEROUS SANCTIONS FOR JUVENILE OFFENDERS THAT RANGE FROM ADMONITIONS AND OBLIGATIONS TO PRISON SENTENCES. CORRECTIONAL INSITUTIONS IN THE FEDERAL REPUBLIC OF GERMANY ARE EXAMINED IN RELATION TO THE NUMBER OF INSTITUTIONS AND INMATES, PRISON ARCHITECTURE, AND PRISON PERSONNEL. AN HISTORICAL OVERVIEW OF CORRECTIONS IS PRESENTED, THE LEGAL REGULATION OF CORRECTIONS IS PRESENTED, THE LEGAL REGULATION OF CORRECTIONS IS CONSIDERED, AND AN INSITUTIONAL ANALYSIS OF THE PRISON SYSTEM IS PROVIDED. THE EFFECTIVENESS OF CORRECTIONS IS EXAMINED IN LIGHT OF RECIDIVISM AND CRIME PREVENTION. SUPPORTING DATA AND REFERENCES ARE INCLUDED. (DEP)