NCJ Number
36740
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTWISSENSCHAFT Volume: 88 Issue: 2 Dated: (1976) Pages: 467-487
Date Published
1976
Length
21 pages
Annotation
COMPARISON OF MAJOR FEATURES OF THE 1975 REFORMED VERSION OF THE WEST GERMAN CRIMINAL CODE AND THE 1969 REFORMED VERSION OF THE POLISH CRIMINAL CODE.
Abstract
BOTH OF THE CODES REFLECT THE WIDESPREAD INTERNATIONAL MOVEMENT SINCE WORLD WAR TWO TOWARD CRIMINAL LAW REFORM TO ADAPT CRIMINAL SANCTIONS TO THE GOALS OF REHABILITATION, BASIC HUMAN RIGHTS, SOCIAL DEFENSE, AND OTHER CONCEPTS OF MODERN CRIMINOLOGY AND CRIMINAL JUSTICE POLICY. THE GERMAN AND POLISH CODES ARE COMPARED IN TERMS OF HOW THEY BALANCE THE PRINCIPLE OF MAKING THE PUNISHMENT FIT THE CRIME WITH THE GOAL OF CRIME PREVENTION, AND HOW THEY BALANCE THE TENDENCY TOWARD DECRIMINALIZATION OF OFFENSES WITH THE PRINCIPLE MAINTAINING THE INTEGRITY OF THE LAW. MAJOR DIFFERENCES IN THE STRUCTURE AND EMPHASIS OF THE TWO CODES ARE ATTRIBUTABLE TO THE DIFFERENT POLITICAL, ECONOMIC, SOCIAL, AND CULTURAL SYSTEMS IN THE TWO COUNTRIES. --IN GERMAN