NCJ Number
56597
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 90 Issue: 4 Dated: (1978) Pages: 1017-1082
Date Published
1978
Length
66 pages
Annotation
THE LEGAL METHODS FOR DEALING WITH PETTY OFFENSES IN AUSTRIA AND SWITZERLAND ARE COMPARED AND EVALUATED.
Abstract
THE TERM 'PETTY CRIME' DENOTES A VARIETY OF CRIMINOLOGICAL PHENOMENA AND CORRECTIONAL GOALS RATHER THAN A SET OF CLEARLY DEFINED LEGISLATIVE REGULATIONS. IN SWITZERLAND, THE DECISION BETWEEN FINE AND IMPRISONMENT IS ENTIRELY UP TO THE JUDGE WHILE AUSTRIAN LEGISLATION IS MORE PROGRESSIVE IN RESERVING SHORT-TERM PRISON SENTENCES FOR PETTY OFFENSES. IN BOTH COUNTRIES COMPREHENSION TREATMENT OF PETTY CRIME HAS NOT YET EMERGED IN CRIMINAL POLICY. AMONG THE OPTIONS FOR DEPENALIZING PETTY OFFENSES, DEPENALIZATION THROUGH ADMINISTRATIVE ADJUDICATION IS MOST PROBLEMATIC SINCE IT DOES NOT OFFER SUFFICIENT LEGAL GUARANTEES TO THE ACCUSED AND, ACCORDING TO SWISS AND AUSTRIAN LAW, DOES NOT REMOVE THE CRIMINAL CHARACTER OF THE SANCTION. RESTITUTION OF THE VICTIM THROUGH CIVIL PROCEEDINGS IS NOT FEASIBLE FROM AN ADMINISTRATIVE POINT OF VIEW BECAUSE OF THE LARGE NUMBER OF CASES. AMONG THE POSSIBILITIES OF DECRIMINALIZATION, INDIVIDUAL DECISIONS IN PARTICULARLY LIGHT OFFENSES SEEM MOST ADVANTAGEOUS. TO UNIFY THE PRACTICE IN THE DIFFERENT ADMINISTRATIVE UNITS OF SWITZERLAND, A COLLECTION OF CRITERIA FOR DECRIMINALIZING SMALL OFFENSES (AS EXISTS ALREADY ON A PARTIAL LEVEL IN AUSTRIA) WOULD BE HELPFUL. PROGRESS IN OFFENDER-ORIENTED DECRIMINALIZATION IS PARTICULARLY URGENT. THE POSSIBILITY OF A SIMPLIFIED, ACCELERATED PROCEDURE (AS PROVIDED FOR IN AUSTRIAN AND WEST GERMAN LAW) SHOULD ONLY BE CONSIDERED IN SWISS LAW IN CASES WHICH DO NOT INVOLVE A DEPRIVATION OF LIBERTY. A FAR-REACHING LEGAL REFORM WOULD REQUIRE A DETAILED STUDY OF THE LEGAL FACTS IN BOTH COUNTRIES. THE ARTICLE INCLUDES FOOTNOTES. --IN GERMAN. (SAJ)