JUDICIAL CONTROL IN THE APPLICATION OF CRIMINAL SANCTIONS IN GERMANY (THE FEDERAL REPUBLIC OF GERMANY)- NCJRS TRANSLATION

• NCJ Number: 42935
• Author(s): C N ROBERT
• Date Published: 1977
• Length: 10 pages
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: National Institute of Justice/NCJRS
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: TRANSLATED FROM AN ORIGINAL WORK IN GERMAN FROM REVUE INTERNATIONALE DE CRIMINOLOGIE ET DE POLICE TECHINQUE, V 27, N 1 (JANUARY-MARCH 1974), P 31-38.

Annotation

PROPOSALS FOR SETTING UP JUDICIAL CORRECTIONAL AUTHORITIES HAVING SUPERVISORY AND CONTROL FUNCTIONS ARE ANALYZED, AND A BODY IN KARLSRUNE STUDYING JUDICIAL CONTROL OF CORRECTIONS IS DESRIBED.

Abstract

THERE IS A LACK OF CLARITY UNDER EXISTING LAW IN WEST GERMANY ON THE QUESTION OF THE ASSIGNMENT OF RESPONSIBILITY FOR MAKING DECISIONS ON MATTERS CONNECTED WITH THE CORRECTIONAL SYSTEM. THEREFORE, THIS PROBLEM IS BEING GIVEN HIGH PRIORITY IN THE PREPARATORY WORK FOR THE REVISION OF THE CRIMINAL CODE. THE OFFICIAL PROPOSAL OF 1962 RECOMMENDED SETTING UP SPECIAL CORRECTIONAL COURTS WIC WOULD HAVE CONTROL OVER ALL ASPECTS OF CORRECTIONS, TAKING OVER RESPONSIBILITY FROM THE DISTRICT COURTS AS SOON AS A SENTENCE WENT INTO EFFECT. IT WAS HOPED THAT THEY WOULD ENSURE EQUALITY OF TREATMENT IN THE APPLICATION OF SANTIONS. THIS IS ESSENTIALLY A CONSERNATIVE PROPOSAL. THE 1966 ACTERNATIVE PROPOSAL, PREPARED BY A GROUP OF CRIMINAL LAW PROFESSORS NOT IN AGREEMENT WITH THE OFFICIAL PROPOSAL, ALSO WOULD SET UP CORRECTIONS COURTS. IT WOULD SPECIFY THE PURPOSES AND LIMITS OF SANCTIONS, AS WELL AS THE OBJECTIVES OF CORRECTIONS. THE CORRECTIONS COURTS WOULD MAKE DECISIONS REGARDING THE NATURE AND DURATION OF THE DEPRIVATION OR RESTRICTION OF PERSONAL FREEDOM BUT NOT THE MEANS AND METHODS TO BE USED IN CORRECTIONS. THE 1971 CORRECTIONS BILL WAS WORKED OUT BY A FEDERAL COMMISSION. UNDER THIS PROPOSAL PRIMARY RESPONSIBILITY WOULD REMAIN WITH THE HEAD OF THE CORRECTIONAL INSTITUTION. BUT HIS DECISION COULD BE APPEALED TO CORRECTIONAL CHAMBER WHICH THEN WOULD LOOK INTO THE MATTER UNDER DISPUTE, GIVING PARTICULAR ATTENTION TO THE RIGHTS OF THE OFFENDER, AND ISSUE A RULING. A SPECIAL CHAMBER CONSISTING OF A GROUP OF JUDGES WAS SET UP IN KARLSRUME IN 1968. IT HAD THE PURPOSE OF COLLECTING OBSERVATIONS AND EXPERIENCES TENDING TO VERIFY OR INVALIDATE CERTAIN HYPOTHESES SET FO IN CRIMINAL CODE REVISION PROJECTS UNDER STUDY THAT ARE CONCERNED WITH JUDICIAL CONTROL OF CORRECTIONS. FOR THE O FRENCH LANGUAGE DOCUMENT, SEE NCJ-32004....DMC