NCJ Number
47653
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 90 Issue: 1 Dated: (1978) Pages: 132-172
Date Published
1978
Length
41 pages
Annotation
THE DEVELOPMENT OF CRIMINAL LAW AND SUBSEQUENT DECRIMINALIZATION AND REFORM IN GERMANY ARE TRACED.
Abstract
THE DEMANDS FOR DECRIMINALIZATION ARE A REACTION TO THE EXCESSIVE REGULATIONS OF CRIMINAL LAW, WHICH HAVE THEIR FOUNDATIONS IN HISTORY. THESE CRIMINAL LAWS FOR THE MASSES WERE MADE INTO A LEGAL CODE IN THE LATE 19TH CENTURY. THE PERIOD FOLLOWING WORLD WAR II SAW A GREAT DEAL OF DISCUSSION ON THE TOPIC OF REFORM AND DECRIMINALIZATION OF THESE OUTDATED CRIMINAL LAWS. A NEGATIVE ASPECT OF CRIMINAL LAW IS SEEN IN THE THEORY OF GENERAL CRIME PREVENTION THROUGH THE DETERRENCE OF AT LEAST THE POTENTIAL OFFENDER. THE POSITIVE ASPECT IS THE CREATION OF CONFIDENCE IN THE JUDICIAL SYSTEM. CRIMINAL LAW IS NOT SEEN PRIMARILY AS A LIMITATION ON FREEDOM, BUT AS THE GRANTING OF PROTECTION TO THOSE WHO MIGHT HAVE THEIR FREEDOMS TAKEN AWAY FROM THEM BY A CRIMINAL. THE MAJOR PROBLEM WITH DECRIMINALIZATION IS IN THE RANGE OF APPLICATION OF THE RULES FOR PUNISHMENT. LEGISLATORS MUST DEAL WITH THIS PROBLEM WHEN THEY ARE FACED WITH THE TASK OF CHANGING THE LAW SO THAT IT MEETS EVERYONE'S APPROVAL. THE GOAL OF CRIME PREVENTION IS TIED WITH DECRIMINALIZATION. MANY PETTY CRIMES MUST BE DEALT WITH TO ALLEVIATE THE CROWDED CONDITIONS IN COURTS; THE LEGALITY OF THE CRIMINAL STATUS OF THESE CRIMES IS ALSO IN QUSTION. ANOTHER CONTROVERSIAL POINT INVOLVES WHAT RESULTS A REPEAL OF CRIMINAL LAW WOULD HAVE AND HOW FAR THE REPEAL SHOULD GO. THE AUTHOR WARNS ABOUT THE EFFECTS OF TOO MUCH DEMOCRATIZING; WHEN THIS TAKES PLACE, EVERYTHING TENDS TO BE DEMOCRATIZED. THIS CANNOT BE ALLOWED TO HAPPEN WITH CRIMINAL LAW. REFERENCES ARE PROVIDED. -- IN GERMAN. (BAC)