POLITICAL AND JUDICIAL APPROACH TO TERRORISM AND ANARCHISTIC CRIMINALITY IN THE FEDERAL REPUBLIC OF GERMANY

• NCJ Number: 54096
• Journal: Revue de droit penal et de criminologie Volume: 58 Issue: 5 Dated: (MAY 1978) Pages: 503-543
• Author(s): E J H MOONS
• Date Published: 1978
• Length: 41 pages
• Corporate Author: Ministere de la Justice
• Publication Format: Article
• Language: French
• Country: Belgium
• Note: AN ENGLISH SUMMARY IS PUBLISHED IN NCJRS INTERNATIONAL SUMMARIES - VOL. 3 (NCJ 57197).

Annotation

LEGISLATION IN RESPONSE TO NEW FORMS OF CRIMINAL ACTIVITY IS EXEMPLIFIED IN THE WEST GERMAN LAW REFORMS ENACTED TO DEAL WITH SUCH TERRORIST ACTIVITIES AS THOSE OF THE BAADER-MEINHOF GANG.

Abstract

ACTIONS OF TERRORISTS SUCH AS BAADER, MEINHOF, HAAG. AND OTHERS HAVE BEEN FREQUENTLY TERMED ANARCHISTIC; HOWEVER, THEIR ONLY RECOGNIZABLE GOAL APPEARS TO BE THE PERPETUATION OF TERROR, WITH NO OBVIOUS POLITICAL MOTIVATION. BECAUSE TERRORISTS REBEL AGAINST THE LEGITIMATE, CONSTITUTIONAL GOVERNMENT, WITHOUT FEAR FOR THEIR LIVES, THE FEAR OF PUNISHMENT AND THE EFFORTS AT SOCIAL REINTEGRATION ARE INEFFECTIVE CONTROLS. THEREFORE, TERRORISTS MUST BE ELIMINATED OR SEPARATED FROM SOCIETY. SINCE PRACTICALLY ALL DEMOCRACIES HAVE ABOLISHED OR DISAPPROVE OF CAPITAL PUNISHMENT, THERE REMAINS ONLY THE ALTERNATIVE OF LENGTHY PRISON TERMS. EFFECTIVE WEAPONS AGAINST SUCH ORGANIZED CRIME INCLUDE THE RIGOROUS COORDINATION OF THE GERMAN FEDERALIZED POLICE SYSTEM, THE BUNDESKRIMINALAMT, AND THE FOLLOWING LEGISLATIVE REFORMS: REVISION OF ARREST AND DETENTION PROCEDURES, STREAMLINING THE JUDICIAL PROCESS BY AUTHORIZING POSSIBLE OMISSION OF THE PRELIMINARY INVESTIGATION AND FINAL HEARING BY THE PUBLIC PROSECUTOR, IMPOSITION OF SEVERE PENALITIES FOR HIJACKING, THE PASSAGE OF THE JULY 1976 ANTITERROR LAW AIMED DIRECTLY AT TERRORIST ORGANIZATIONS, RESTRICTION OF DEFENSE RIGHTS FOR TERRORISTS, AND STRICTER CONTROL OF CONTACTS BETWEEN TERRORIST DEFENDANTS AND THEIR LAWYERS. CONSTITUTIONAL DEMOCRACY WOULD BE IN DANGER ONLY IF SUCH MEASURES WERE NOT DIRECTLY RELATED TO TERRORISM BUT SERVED ONLY TO RESTRICT ESTABLISHED DEMOCRATIC RIGHTS OR AS A PRETEXT FOR THE GOVERNMENT TO DEMONSTRATE ITS FORCE. UTMOST VIGILANCE MUST BE EXERCISED TO ENSURE THAT DEMOCRATIC CONSTITUTIONAL RIGHTS AND LIBERTIES ARE NOT ENCROACHED UPON, BUT DEMOCRACY MUST ALSO FIND WAYS TO PROTECT ITSELF AND ITS LAWS AGAINST EXTREME CRIMINAL ASSOCIATIONS. --IN FRENCH.