skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 118778 Find in a Library
Title: West Germany and Austria (From On Doing Less Harm: Western European Alternatives to Incarceration, P 195-220, 1988, David Fogel, -- See NCJ-118773)
Author(s): D Fogel
Date Published: 1988
Page Count: 26
Sponsoring Agency: University of Illinois at Chicago
Chicago, IL 60607-2919
Sale Source: University of Illinois at Chicago
Office of International Criminal Justice
1033 West Van Buren Street, Suite 500
Chicago, IL 60607-2919
United States of America
Type: Survey
Language: English
Country: United States of America
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.
Main Term(s): Alternatives to institutionalization
Index Term(s): Austria; Day fines; Germany; Probation; Sentencing/Sanctions
Note: *This document is currently unavailable from NCJRS.
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.