TERRORISM AND CRIMINAL JUSTICE OPERATIONS IN THE FEDERAL REPUBLIC OF GERMANY (FROM TERRORISM AND CRIMINAL JUSTICE - AN INTERNATIONAL PERSPECTIVE, 1978 BY RONALD D CRELINSTEN ET AL - SEE NCJ-47357)

• NCJ Number: 47364
• Author(s): E CORVES
• Date Published: 1978
• Length: 9 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE MEASURES USED FOR THE SUPPRESSION OF TERRORIST ACTIVITIES IN THE FEDERAL REPUBLIC OF GERMANY ARE DESCRIBED.

Abstract

THE NUMBER OF TERRORIST ACTIONS IN THE FEDERAL REPUBLIC OF GERMANY IS DECREASING. THE GERMAN CRIMINAL CODE WAS CONSIDERED TO PROVIDE SUFFICIENT PUNISHMENT FOR OFFENSES SUCH AS BODILY INJURY. HOWEVER IN 1971, LEGISLATION WAS STRENGTHENED TO FILL IN THE GAPS CREATED BY NEW TYPES OF CRIMES. CRIMINAL PROCEDURE HAD BEEN ABUSE WHEN TERRORIST GROUPS WERE BROUGHT TO TRIAL. IN GERMANY, ALL OFFENSES MUST BE PROSECUTED, WHICH DOES NOT ALLOW FOR GROUP MEMBERS TO GIVE EVIDENCE IN RETURN FOR MITIGATING THEIR PUNISHMENT OR EXEMPTING THEM FROM PUNISHMENT. THE RELEASE OF PRISONERS OR THE RELINQUISHMENT OF THE CRIMINAL OBJECTIVE SHOULD ALSO BE ENCOURAGED BY MITIGATION OF THE PENALTY. POLICE ACTION IS MOST IMPORTANT FOR THE SUPPRESSION OF TERRORISM. WEST GERMAN SUCCESS IN THIS AREA IS RELATED TO THE INCREASE OF POLICE PERSONNEL AND TASK FORCES, IMPROVED TECHNICAL EQUIPMENT, IMPROVED LOCAL-FEDERAL COOPERATION, AND THE EXTENSION OF PREVENTIVE MEASURES. EXPERIENCE ALSO PLAYS A GREAT ROLE IN THE CONTROL OF TERRORISM. BASIC RECOMMENDATIONS FOR HANDLING AIRPLANE HIJACKERS ARE GIVEN. INCREASED INTERNATIONAL COOPERATION HAS ALSO BEEN EFFECTIVE IN DEALING WITH TERRORISTS, THOUGH THE TERRORISTS HAVE ALSO FORMED INTERNATIONAL ORGANIZATIONS. THE SYSTEM OF INTERNATIONAL TREATIES, CONTACTS BETWEEN PROSECUTION AUTHORITIES, AND THE EXCHANGE OF SCIENTIFIC AND TECHNOLOGICAL EXPERTISE SHOULD ALSO BE ENLARGED. STATISTICS SHOW THAT SUBSTANTIAL SUCCESS HAS BEEN ACHIEVED IN ARRESTING AND PROSECUTING TERRORISTS. SOME FURTHER MEASURES AGAINST TERRORISM MIGHT INCLUDE A QUASI-WAR AGAINST THEM, OR, DURING AN ACTUAL INCIDENT, EMPLOYING ONE LETHAL SHOT AIMED AT THE LEADER OF THE GROUP. NEITHER OF THESE TACTICS APPEARS TO BE PRACTICAL, BUT THEY MAY BE EFFECTIVE. THE AUTHOR SUGGESTS THAT EVERYONE SHOULD KEEP IN MIND THE FACT THAT WHAT MAY HAVE WORKED IN ONE PARTICULAR CASE MIGHT NOT WORK IN ANOTHER. (BAC)