SOCIAL THERAPY HAS PROVED ITSELF! CONTRIBUTION IN SUPPORT OF A NEW MEASURE COMING INTO EFFECT

• NCJ Number: 68595
• Journal: Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 62 Issue: 6 Dated: (DECEMBER 1979) Pages: 317-321
• Author(s): J BAUMANN
• Date Published: 1979
• Length: 5 pages
• Publication Format: Article
• Language: German
• Country: West Germany (Former)

Annotation

IT IS ARGUED THAT ARTICLE 65 OF THE WEST GERMAN CRIMINAL CODE REQUIRING THE ESTABLISHMENT OF TREATMENT ORIENTED CORRECTIONAL INSTITUTIONS ('SOCIAL THERAPEUTIC FACILITIES') SHOULD BE IMPLEMENTED.

Abstract

ARTICLE 65 OF THE CRIMINAL CODE, WHICH IS PLANNED TO GO INTO EFFECT ON JANUARY 1, 1985, IS STILL A CONTROVERSIAL ISSUE. A FORERUNNER, ARTICLE 69 OF THE CRIMINAL CODE, SPECIFIES THE LIMITED NUMBER OF OFFENDERS ELIGIBLE FOR TREATMENT: OFFENDERS WHO HAVE VIOLATED THE LAW UNDER THE INFLUENCE OF AN EMOTIONAL DISORDER, ARE SERVING A MINIMUM SENTENCE OF 2 YEARS, ARE LIKELY TO COMMIT FUTURE OFFENSES, AND WOULD BENEFIT FROM THE TREATMENT. IT IS SOMETIMES ARGUED THAT ARTICLE 9 OF THE CORRECTIONAL CODE IS SUFFICIENT FOR ASSURING THE TREATMENT OF OFFENDERS. HOWEVER, WHILE THE NEW ARTICLE 65 OBLIGATES THE WEST GERMAN STATES TO CREATE THE REQUIRED TREATMENT CAPACITY, ARTICLE 9 DOES NOT CREATE SUCH AN OBLIGATION: IT MERELY SPECIFIES THE CONDITIONS FOR AN OFFENDER'S TRANSFER TO A TREATMENT FACILITY PROVIDED THAT ROOM IS AVAILABLE AND THAT THE HEAD OF THE INSTITUTION AGREES. FURTHERMORE, THE SUPPORTERS OF ARTICLE 9 SHOULD KEEP IN MIND THAT WHATEVER PROGRESS HAS BEEN MADE IN CREATING SOCIAL THERAPEUTIC INSTITUTIONS DID NOT OCCUR IN DEFERENCE TO ARTICLE 9, BUT BECAUSE ARTICLE 65 IS EXPECTED TO GO INTO EFFECT. THE ARGUMENT INCLUDES NUMEROUS FOOTNOTES ADDING BIBLIOGRAPHICAL AND LEGAL DETAILS. --IN GERMAN.