NCJ Number
56595
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 90 Issue: 4 Dated: (1978) Pages: 905-926
Date Published
1978
Length
22 pages
Annotation
THE PROBLEM OF PETTY CRIME IN WEST GERMANY AND PROPOSED SOLUTIONS ARE DISCUSSED.
Abstract
THE MOST IMPORTANT GOALS OF RECENT WEST GERMAN LEGAL REFORMS HAS BEEN THE QUICKER AND MORE EFFICIENT ADMINISTRATION OF THE JUDICIAL PROCESS. IN THIS CONTEXT, THE QUESTION WAS RAISED WHETHER PETTY OFFENSES SHOULD BE CONSIDERED WITHIN THE FRAMEWORK OF THE CRIMINAL JUSTICE SYSTEM AT ALL. SUCH A DECISION SHOULD BE BASED ON THREE INDISPENSIBLE PRINCIPLES: (1) THE GREATEST POSSIBLE EFFICIENCY (INCLUDING CONSIDERATIONS OF DETERRENCE), (2) THE BEST FOR PREVENTION (WHICH SHOULD INCLUDE THE PROBLEM OF STIGMATIZATION OF MINOR OFFENDERS), AND (3) THE RELIEF OF THE COURTS (INCLUDING ACCELERATED PROCEDURES). EXPERT SUGGESTIONS TO REMOVE PETTY CRIME FROM CRIMINAL LAW ARE HIGHLY PROBLEMATICAL. FOR EXAMPLE, A PROPOSED LAW AGAINST SHOPLIFTING (1974) ADVOCATED A SYSTEM WHEREBY SHOPLIFTERS COULD PAY A FINE TO THE OWNER OF THE SHOP BUT NOT BE BROUGHT TO TRIAL UNTIL THEIR THIRD OFFENSE. HOWEVER, SUCH A FINE MIGHT NOT CONSTITUTE A REAL DETERRENT TO OFFENDERS. IN ADDITION, THIS SOLUTION WOULD EXCLUDE THE POSSIBILITY OF INTERCEPTING POSSIBLE HABITUAL OFFENDERS AT THE BEGINNING OF THEIR CAREER THROUGH SUITABLE CORRECTIONAL MEASURES. HOWEVER, TWO VALID POSSIBILITIES OF DEALING WITH PETTY OFFENSES WITHIN THE FRAMEWORK OF CRIMINAL LAW EXIST ALREADY. ACCORDING TO ONE OF THESE, THE CHARGES ARE DROPPED IF THE OFFENDER FULFILLS CERTAIN COURT-IMPOSED CONDITIONS (E.G., RESTITUTION). BY THE OTHER, PETTY OFFENSES ARE TRIED UNDER AN ACCELERATED, SIMPLIFIED PROCEDURE. THE ARTICLE PROVIDES FOOTNOTES. --IN GERMAN. (SAJ)