NCJ Number
46025
Date Published
1976
Length
103 pages
Annotation
THE ORIGINS OF CRIME AND POSSIBILITIES FOR PREVENTION AND PUNISHMENT ARE INTERPRETED FROM THE SOCIALIST STANDPOINT OF THE GERMAN DEMOCRATIC REPUBLIC.
Abstract
IT IS ALLEGED THAT ATTRIBUTION OF CRIME TO INALTERABLE HEREDITARY PREDISPOSITION IS AN ATTEMPT OF BOURGEOIS, CAPITALIST SOCIETIES TO NEGATE THE POSSIBILITY OF REVOLUTIONARY CHANGE; WHITE COLLAR CRIME AND CRIMES AGAINST CORPORATIONS OR THE GOVERNMENT ARE SIGNS OF DETERIORATING BOURGEOIS SOCIETY. IT IS STATED THAT CRIME IN COMMUNIST SOCIETY MUST BE REGARDED AS A TRANSITIONAL RUDIMENT OF THE CAPITALISTIC SYSTEM FROM WHICH COMMUNISM HAS EVOLVED; THUS, IN SOCIALIST SOCIETY CRIME OCCURS MOST FREQUENTLY WHEN INDIVIDUALS HAVE NOT ADAPTED THEIR THINKING TO COMMON OWNERSHIP OR WHEN THEY CONSUME EXCESSIVE ALCOHOL. CRIME PREVENTION IS ALLEGED TO BE IMPOSSIBLE IN ANY SOCIETY BUT A SOCIALIST SOCIETY, WHERE LAW EXPRESSES THE POWER OF THE WORKING CLASS AND IS ENFORCED THROUGH SUCH INSTITUTIONS AS LOCAL COUNCILS OF PEOPLE AND THROUGH THE EXEMPLARY DISCIPLINE AND MORAL BEHAVIOR OF PERSONS IN LEADERSHIP POSITIONS. CAPITALISM'S PUNISHMENT POLICY TO SAID TO HAVE TRADITIONALLY BEEN BASED ON THE GUILT AND DETERMENT PRINCIPLES, ALTHOUGH EVEN CAPITALIST SOCIETIES HAVE COME TO RECOGNIZE THE VALIDITY OF SOCIALIST REHABILITATION PRACTICES. WHILE PENALTIES ARE STILL NECESSARY FOR SOCIALIST CITIZENS WHO REFUSE TO ACCEPT NECESSARY SOCIAL NORMS, EDUCATION, NOT RETRIBUTION, IS CENTRAL TO PENAL LAW. PROBATION IS THE MOST COMMON PENALTY; COMPENSATION FOR ANY DAMAGES IS ALWAYS NECESSARY. WHEN PROBATION IS NOT SUCCESSFUL, FINES ARE IMPOSED AND OFFICIAL REPRIMANDS REGISTERED. THE SENTENCE OF IMPRISONMENT, APPLIED ONLY IN CASES OF THE MOST STUBBORN RESISTANCE TO STATE REHABILITATION ATTEMPTS (30 PERCENT), REQUIRES, THAT THE PRISONERS WORK BOTH TO CONTRIBUTE TO SOCIETY AND TO DEVELOP OCCUPATIONAL SKILLS. THE STATE HAS THE LEGAL RESPONSIBILITY TO GRANT RELEASE AS SOON AS POSSIBLE AND TO MAKE EVERY EFFORT TO RESOCIALIZE THE PAROLEE WITH THE ASSISTANCE OF LOCAL AUTHORITIES. SPECIAL MEASURES SUCH AS COMMUNITY SERVICE ARE USUALLY EMPLOYED FOR YOUTHFUL OFFENDERS. SOCIAL COURTS HANDLE SUCH MATTERS AS SMALL CLAIMS, INSULTS, AND SHOPLIFTING. --IN GERMAN. (KMD)