NCJ Number
60851
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 28 Issue: 2 Dated: (1978) Pages: 413-441
Date Published
1978
Length
29 pages
Annotation
THE WEST GERMAN LEGAL PROVISIONS PUNISHING OFFENDERS WHO, WITHOUT BEING PUBLIC AGENTS THEMSELVES, PARTICIPATE IN THE CRIMES OF PUBLIC OFFICIALS ARE EXAMINED.
Abstract
ACCORDING TO GERMAN LEGAL PROVISIONS, CRIMES COMMITTED BY OFFICIALS AS REPRESENTATIVES OF THE GOVERNMENT ARE DIVIDED INTO TWO GROUPS: 'REAL SPECIAL CRIMES' ('ECHTE SONDERVERBRECHEN') AND 'UNREAL SPECIAL CRIMES' ('UNECHTE SONDERVERBRECHEN'). WHILE REAL SPECIAL CRIMES INVOLVE ACTIVE CRIMINAL ACTIONS ON THE PART OF A PUBLIC OFFICIAL (E.G., EMBEZZLEMENT, FORGERY OF PUBLIC DOCUMENTS), UNREAL SPECIAL CRIMES REFER TO AN OFFICIAL'S OMISSION TO PERFORM A REQUIRED ACTION (E.G., POLICE OFFICERS' FAILURE TO ACT UNTIL THE STATUTORY PERIOD OF LIMITATION HAS PASSED). PRESENTLY, PRIVATE PERSONS WHO SOLICIT OR CONSPIRE WITH PUBLIC OFFICIALS TO COMMIT A 'REAL SPECIAL CRIME' ARE JUDGED UNDER PARTICULARLY STRICT LEGAL PROVISIONS WHILE THE SAME OFFENDERS WHO SOLICIT OR CONSPIRE WITH PUBLIC OFFICIALS TO COMMIT AN 'UNREAL SPECIAL CRIME' ARE JUDGED AS ORDINARY OFFENDERS. CURRENT OPINIONS OF LEGAL EXPERTS CONCERNING THIS DIFFERENTIATION IN TREATMENT ARE PRESENTED, AND THE DISTINCTION BETWEEN REAL AND UNREAL SPECIAL CRIME IS ANALYZED. IT IS ARGUED THAT SOLICITATION OR CONSPIRACY TO COMMIT AN UNREAL SPECIAL CRIME--AS IN THE CASE OF REAL SPECIAL CRIME--SHOULD BE CONSIDERED A SPECIAL, RATHER THAN AN ORDINARY OFFENSE. THE ARTICLE CONTAINS FOOTNOTES. --IN GERMAN. (SAJ)