HISTORY, PRINCIPLES AND IMPLEMENTATION OF THE REFORM OF THE PENAL CODE IN THE FEDERAL REPUBLIC OF GERMANY

• NCJ Number: 20676
• Journal: Revue de science criminelle et de droit penal compare Issue: 3 Dated: (JULY-SEPTEMBER 1976) Pages: 647-659
• Author(s): H H JESCHECK
• Date Published: 1976
• Length: 13 pages
• Corporate Author: Editions Sirey
• Publication Format: Article
• Language: French
• Country: France

Annotation

THIS ARTICLE IS AN ANALYSIS OF THE NEW PENAL CODE OF THE FEDERAL REPUBLIC OF GERMANY WHICH ENTERED INTO FORCE ON JANUARY 1, 1975.

Abstract

AFTER TRACING THE LEGISLATIVE AND PARLIAMENTARY HISTORY OF THE NEW GERMAN PENAL CODE, THE AUTHOR ILLUSTRATES ITS GUIDING PRINCIPLES AND ITS MOST IMPORTANT INNOVATIONS. THE PRINCIPLE OF GUILT AND RESPONSIBILITY AND THE NECESSITY OF RESORTING TO SANCTIONS WITH A PREVAILING REHABILITATIVE FUNCTION CONSTITUTES THE THEORETICAL BASIS FOR THE INNOVATIONS INTRODUCED IN THE NEW CODE. AMONG THESE OF PARTICULAR IMPORTANCE ARE THE DECRIMINALIZATION OF PETTY OFFENSES, THE SUBSTITUTION OF SHORT-TERM DETENTION WITH FINES, AND THE INCREASED USE OF CONDITIONAL RELEASE. WITH REGARD TO SENTENCES ENTAILING DEPRIVATION OF LIBERTY, THE NEW CODE MAINTAINS THE DUAL SYSTEM OF PENALITIES AND MEASURES. THUS, WHILE IT AGGRAVATES THE REGIME OF IMPRISONMENT FOR MOST SERIOUS OFFENDERS, TAKING INTO ACCOUNT THE REHABILITATIVE AND THERAPEUTIC FUNCTION OF MEASURES ENTAILING DEPRIVATION OF LIBERTY, THE NEW CODE ENVISAGES DIFFERENT TYPES OF ESTABLISHMENTS, E.G. PSYCHIATRIC HOSPITALS, SOLID-THERAPEUTIC INSTITUTIONS, INSTITUTIONS FOR THE TREATMENT OF DRUG ADDICTS AND ALCOHOLCS. --IN FRENCH