NCJ Number
118778
Date Published
1988
Length
26 pages
Annotation
Criminal sanctions and alternatives to incarceration in West Germany and Austria are discussed.
Abstract
West Germany adopted a revised criminal code in 1975 that decriminalizes many petty misdemeanors. The code is based on a three-degree approach for felonies, misdemeanors, and violations; violations are outside the criminal code's scope. Prison sentences can be imposed for a maximum of 15 years or for life. Additional penal measures entailing loss of liberty include commitment to a psychiatric facility, an institution for addiction treatment, or a social therapeutic institution, and confinement with high security for reasons of public safety. The day fine and suspended sentences represent primary alternatives to incarceration. The day fine is the sentence of choice in over 80 percent of criminal cases, while probation is the supervision of offenders on suspended prison sentences. West Germany has a factory justice system that is designed to handle minor infractions in the factory setting and that includes a justice panel set up as liaison between management and labor. This system is a private, extralegal institution and represents an alternative to the criminal justice system. Reservations regarding its use exist, however, with regard to the need for due process safeguards, neutral representation, and the ability of case losers to appeal to the courts. In Austria, conditional sentences and releases, probation, parole supervision, and day fines are available. Fines and imprisonment for a maximum of life are the only penal measures available in Austria. Day fines and suspended sentences are the primary alternatives to incarceration. Probation is intended to prevent criminality by rehabilitating offenders. 47 references, 8 tables.