NCJ Number
130449
Editor(s)
G O W Mueller
Date Published
1961
Length
187 pages
Annotation
Following an introduction that reviews the history and contents of the 1871 German Penal Code as amended through April 1, 1961, under the Federal Republic of Germany, this book presents an English translation of the code.
Abstract
The General Part of the code details basic doctrines and provisions that are applicable to every offense, i.e., punishments, measures of safety and rehabilitation, attempt, complicity, grounds excluding or mitigating punishment, and concurrence of offenses. A basic doctrine of the code is that the perpetrator must be capable of incurring guilt, i.e., must possess capacity. Also, intention and negligence are regarded as the two forms of guilt. Under either form of guilt the deed is regarded as blameworthy. The Special Part of the code contains the definitions of the various crimes. The code differentiates among felonies, gross misdemeanors, and petty misdemeanors in accordance with the seriousness of the offense. Under punishments, there are three forms of deprivation of liberty: confinement in a penitentiary in the case of felonies, imprisonment for gross misdemeanors, and confinement in a jail for petty misdemeanors. Fines are imposed for less serious offenses. As a general principle, the punishment is tailored to the severity of the crime. Probation is allowed as a condition for a suspended sentence. Capital punishment is abolished under the code.