NCJ Number
130472
Editor(s)
E M Wise
Date Published
1987
Length
283 pages
Annotation
After an introduction that outlines the history, organization, and contents of West Germany's Penal Code, this book presents an English translation of the code.
Abstract
The Penal Code of the Federal Republic of Germany derives from the German Penal Code of 1871 as revised in 1975 and amended in 1986. The "General Part" (mandates applicable to criminal law in general) addresses the criminal law; criminal conduct; the legal consequences of criminal conduct; attempt; participation; formal complaint, authorization, and request for prosecution; and statutes of limitations. The "Special Part" defines the offenses and punishments associated with 29 offense categories. The basic policy concept of the new criminal law consists of a combination of atonement for guilt on the one hand and punishment that positively influences the offender's personality (special deterrence) on the other hand. All aspects of punishment, including preconditions for imposition as well as type and severity, must be defined by statute. Imprisonment is the mainstay of the penal system, since it is the only type of punishment for both serious criminality and those types of middle-range criminality for which fines are inappropriate. It also serves as a backup for the uncollectable fine. Terms of imprisonment for less than 1 month have been abolished, and those from 1 to 6 months, rarely imposed and then only as a last resort, are regularly replaced by fines. Subject index