NCJ Number
44463
Journal
Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 60 Issue: 3 Dated: (JUNE 1977) Pages: 152-159
Date Published
1977
Length
8 pages
Annotation
THE PRACTICE OF PARDONING NATIONAL SOCIALIST CRIMINALS (NAZIS) SENTENCED TO LIFE IMPRISONMENT IN THE FEDERAL REPUBLIC OF GERMANY IS INVESTIGATED.
Abstract
IN MARCH 1977, DISCUSSING THE PRACTICE OF PARDONING PERSONS SENTENCED TO LIFE IMPRISONMENT, THE FEDERAL CONSTITUTIONAL COURT EXPRESSED THE OPINION THAT NATIONAL SOCIALIST CRIMES DID NOT REQUIRE ANY SPECIAL ATTENTION BECAUSE THEY ONLY REPRESENTED A SMALL NUMBER OF CASES. IN FACT, 8.3 PERCENT OF ALL PEOPLE CONVICTED BETWEEN 1945 AND 1975 WERE NATIONAL SOCIALIST CRIMINALS. SOME OF THE NATIONAL SOCIALISTS DIED DURING DETAINMENT OR COMMITTED SUICIDE; ONE-THIRD OF THESE INMATES WERE PARDONED, WHILE A FEW HAD TO BE RELEASED FOR HEALTH REASONS. A TABLE SHOWS THE SITUATION IN THE DIFFERENT STATES OF GERMANY. REASONS LEADING TO PARDONS OF THESE CRIMINALS WERE AGE AND CURRENT CIRCUMSTANCES. MOST OF THE PARDONS WERE SUBJECT TO DISCUSSIONS BY THE PUBLIC AND THE PRESS. IT IS SAID THAT NATIONAL SOCIALIST CRIMINALS NOT ONLY RECEIVED LIFE BUT ALSO TIME SENTENCES WHICH USUALLY ADDED UP TO AN AVERAGE OF 15 YEARS SPENT IN CONFINMENT. AMONG THE PARDONED OFFENDERS, THOSE CONVICTED OF CRIMES AGAINST HUMANITY WERE IN A SPECIAL POSITION. SOME WERE ALREADY RELEASED AFTER 7 TO 9 YEARS. A TABLE COMPARING THE CONVICTS' AGE AND DURATION OF IMPRISONMENT SHOWS THE NATIONAL SOCIALIST CRIMINALS ARE OLDER THAN THE MAJORITY OF OTHER LIFERS. THIS REFLECTS NOT THE LENGTH OF IMPRISONMENT BUT LATE SENTENCING DUE TO MANY YEARS OF INVESTIGATION AND LEGAL PROCEDURES. MOST STATES HAVE BEGUN TO INVESTIGATE THE POSSIBILITY OF PARDONS FOR 'LIFERS' AFTER 15 YEARS AND, AFTER REACHING THE AGE OF 70, AFTER 10 YEARS OF IMPRISONMENT. A TABLE COVERING ALL STATES SHOWS WHEN AND WHERE RELEASES CAN BE EXPECTED. FROM THE DATA PUBLISHED SO FAR IT IS CONCLUDED THAT NATIONAL SOCIALIST CRIMINALS ENJOY PREFERRED TREATMENT AS TO LENGTH OF CONFINMENT AND FREQUENCY OF PARDONS. UNDER THESE CONDITIONS IT SEEMS ADVISABLE TO LEAVE DECISIONS ABOUT THE RELEASE OF 'LIFERS' TO THE COURTS. -- IN GERMAN. (INI)