System of the Measures of Criminal Responsibility in the Case of Juvenile Offenders in the German Democratic Republic (GDR)

• NCJ Number: 88048
• Journal: International Journal of Comparative and Applied Criminal Justice Volume: 6 Issue: 1 Dated: (Spring 1982) Pages: 39-44
• Author(s): I Buchholz
• Date Published: 1982
• Length: 6 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

In the GDR the system for measuring criminal responsibility is extraordinarily comprehensive and allows a far-reaching differentation and individualization when it comes to determining punishments.

Abstract

The objective of such differentiation and individualization of the measures is to determine - on the basis of the seriousness of the criminal act and within the limits set by it and in consideration of the juvenile's personality development - such a measure that will best contribute to promoting his education for social discipline, to strengthening his sense of responsibility, and to his taking social responsibility (Art. 65 (3) of the Penal Code). In agreement with the principles of socialist youth policy, a juvenile offender must be given the chance of active probation and compensation. This is why great significance is attached to giving him concrete tasks which he is able to fulfill, and to creating in this way situations of probation that will enable him to act responsibly towards society. Consequently the majority of juvenile offenders are apprentices or undergo some other training. In view of the fact that the successful completion of school education and vocational training is significant not only for personality development but for preventing violations of law, it is important to ensure that the juvenile offender will successfully complete his training or at least reach a certain level of vocational training. This implies that the training institutions, the parents, and other persons engaged in educational work, as well as the social forces bear a special responsibility for giving the juvenile efficient assistance and support. The system for measuring criminal responsibility comprises both punishments and measures which are not punishments (educational measures). As to punishments we distinguish between principal punishments and additional punishments (fine, local restriction, etc.). As far as principal punishments are concerned, we differentiate between punishments involving imprisonment and those without imprisonment. With regard to juveniles, refraining from prosecution is also a possibility. The paper considers the individual measures in detail. (Publisher abstract)