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Federal Republic of Germany (From Imprisonment Today and Tomorrow: International Perspectives on Prisoners' Rights and Prison Conditions, P 203-248, 1991, Dirk van Zyl Smit and Frieder Dunkel, eds. -- See NCJ-133824)

NCJ Number
133830
Author(s)
F Dunkel; D Rossner
Date Published
1991
Length
46 pages
Annotation
Imprisonment has only a minor role in the system of sanctions in the Federal Republic of Germany, where the law reforms of 1969 aimed to strengthen the preventive purposes of punishment as opposed to its purely retributive aspects and therefore reduced the role of imprisonment.
Abstract
Currently, prison sentences account for only 3-4 percent of all sanctions. Life imprisonment is the most severe punishment and represents the idea of retribution in a pure form, although it can be imposed only if the offender retains the prospect of eventually regaining liberty. The use of short-term prison sentences continues and is controversial, because non-custodial sentences are supposed to take priority over sentences of less than 6 months. The prison system has undergone basic changes since the late 1960's, with Federal law providing a framework that is implemented in varying ways in the Federal States. The 1977 Prison Act states that the sole purpose of imprisonment is the prisoner's resocialization and reintegration into society. In practice, treatment focuses on vocational training and social skills training. The law specifies prisoners' rights, but these are sometimes difficult to achieve in practice. The main current reform proposal is to provide statutory regulation of pretrial detention and juvenile incarceration, both of which are still governed by administrative regulations. Figures and 66 references