NCJ Number
56594
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHART Volume: 90 Issue: 4 Dated: (1978) Pages: 879-904
Date Published
1978
Length
26 pages
Annotation
THE PHENOMENON OF PETTY CRIME IN WEST GERMANY AND THE MEANS FOR COMBATTING IT ARE EXPLAINED AND EVALUATED.
Abstract
'PETTY CRIME' REFERS TO AN OFFENSE OF A MINOR CRIMINAL NATURE, I.E., INVOLVING MINOR GUILT, MINOR DAMAGE, AND CHARACTERIZED BY THE ABSENCE OF AGGRAVATING CIRCUMSTANCES. IT IS IN MANY WAYS A PRACTICAL TERM, THE APPLICATION OF WHICH VARIES FROM OFFENSE TO OFFENSE AND WHICH USUALLY INDICATES THAT LESS SEVERE PUNITIVE MEASURES ARE ADVISABLE. IN WEST GERMANY, 30 PERCENT OF ALL REGISTERED OFFENSES ARE OF A PETTY NATURE, BUT FOR SOME TYPES OF CRIME, IF THE DARK FIGURES ARE INCLUDED, THE PERCENTAGE MAY BE AS HIGH AS 80 PERCENT. CURRENTLY NONE OF THE MEASURES TO FIGHT PETTY CRIME ARE ENTIRELY SATISFACTORY. PROSECUTION IN A CIVIL COURT IS TOO TIME-CONSUMING AND COSTLY TO REPRESENT AN ACCEPTABLE SOLUTION TO PETTY OFFENSES AGAINST PRIVATE INDIVIDUALS. A LARGE-SCALE STRATEGY OF DIVERSION TO RELIEVE THE COURTS MIGHT BE INTERPRETED AS LEGISLATIVE WEAKNESS IN THE FACE OF CRIME, ALTHOUGH THE SAVING IN TIME, COURT CAPACITY, AND COST WOULD BE CONSIDERABLE. NEITHER IS THE IDEA OF CREATING A SPECIAL INSTITUTION FOR HANDLING SMALL OFFENSES CONVINCING. DECRIMINALIZATION AND DEPENALIZATION ARE STILL THE MOST USEFUL WAYS FOR DEALING WITH PETTY CRIME: IN CASES OF PETTY CRIME, WEST GERMANY TENDS TO INVOLVE THE CRIMINAL JUSTICE SYSTEM FAR TOO MUCH. IN VIEW OF THE COMPLEX NATURE OF THE PHENOMENON, A FLEXIBLE HANDLING OF THE VARIOUS LEGAL MEASURES IS RECOMMENDED. REFERENCES ARE INCLUDED. --IN GERMAN. (SAJ)