German Criminal Justice System

German Criminal Justice System

This entry gives a general account of the overall criminal system and outline the political and legal structure and the history of the German criminal justice system to help account for the unique aspects that may help to bind the many parts of this criminal justice system together, and to show the extent to how this criminal justice system plays in the overall social control of Germany. The section on crime definitions and statistic provides some basis of “output” of the criminal justice bureaucracies of the country.

GENERAL OVERVIEW

1. Political system.

The Federal Republic of Germany is a federal
state created by the German Federal Constitution
(Grundgesetz, Art. 20 (1)). Germany consists of
16 states (L„nder) each with their own
constitution. Articles 70 et seq. of the
constitution allocate legislative powers between
the federal government and the states. The
general rule is that a power not expressly granted
the federal government (expressed in Articles 70,
71 and 73 of the Grundgesetz) is retained by the
state, making the states relatively autonomous.
The federal government and the states have
concurrent jurisdiction (police powers, cultural
issues, local government matters, the application
of civil and criminal law). Federal laws
establish a framework for the individual states.
For instance, the federal law concerning the
correctional system and its administration
(Strafvollzugsgesetz) serves as a model to the
states. The states that have not adopted their
own correctional law use the federal law as their
guideline. If any conflict arises between a
federal law and that of a State (Article 31 of the
constitution) the federal law prevails. Germany’s
Federal Constitutional Court, the highest court on
constitutional matters, has held that the States
have limited sovereign powers of their own that
are not derived from the powers of the
constitution.
Members of parliament and the chancellor are
elected officials. The chancellor defines the
country’s political strategies. While the Federal
Republic of Germany also has a president who
serves as head of the state, this role more nearly
resembles that of a dignitary, with little
political power. However, the president does
maintain power to veto legislative bills. The
constitution,also referred to as the Basic Law,
divides the powers of the judiciary, legislative
and executive branches.
There are numerous political parties and
alliances in German politics. The two major
parties include the CDU (Christian Democratic
Union), and the SPD (Social Democratic Party).
Others of lesser significance in terms of their
representative strength in parliament are the FDP
(Free Democratic Party) and the Greens
(Alternative-List). Within the last few years
right-wing political parties have also gained in
strength.
While the Penal Code, Strafgesetzbuch, herein
referred to as the StGB, and the Code of Criminal
Procedure StrafprozeĂĄordnung, herein referred to
as the StPO, are federal codes, making their
application consistent nationwide, the
administration of the criminal justice system
(police, courts and correctional institutions) are
matters left to the individual states. 1 Special
state laws govern the regulation of police matters
as well as the prosecution of cases. 2 German
law requires the prosecutor to play a neutral
role. The prosecutor is obliged to consider
evidence which will both incriminate and exonerate
the accused. The appointment of judges also
differs from state to state, keeping within the
concept of state autonomy in regards to criminal
and juvenile justice administration. (Karstedt,
1992).

2. Legal system.

Laws are created by the Bundestag or Lower
House of the German parliament. The upper house
(Bundesrat) is a representative body of the states
based on their population. The upper house must
approve the laws made by the lower house and has
veto power in matters concerning the states (for
instance, taxes). The legal system is guided by
federal laws which apply nationwide. Those
specifically applicable to the criminal justice
system are the Penal Code (StGB) and the Code of
Criminal Procedure (StPO). Other laws which
concern the criminal justice system are the
Bet„ubungsmittelgesetz or BtMG (drug statutes),
the Bet„ubungsmittel-Verschreibungsverordnung
(drug prescription regulation) (BtMVV),
StraĂĄenverkehrsgesetz (StVG) or traffic laws, and
the Gesetz ber Ordnungswidrigkeiten (OWiG) or
laws governing administrative or regulatory
offenses. A further fundamental source of law is
the Constitution or Grundgesetz, herein referred
to as the GG.
The Federal Constitutional Court, the highest
court in the land, can review and challenge the
constitutionality of all statutes, including those
that incorporate international treaties into
German law (Heinz, 1992; 2).
The German constitution reflects a mixed
dualist/monist approach. Federal constitutional
law supersedes all other laws. International
treaties may only be incorporated into domestic
law by a statute adopted by the Federal Parliament
(Article 59(2) of the Federal Constitution). They
then become binding law in Germany which will
supersede state laws and have the same force as
all other federal laws except the constitution.
European Community law is directly binding within
the Federal Republic of Germany without the
necessity of further incorporation acts. The
European Community institutions’ “Decisions” and
“Regulations” are directly applicable (Heinz,
1992; 2-3).

3. History of criminal justice system.

The Federal Republic of Germany was founded
on May 23, 1949 with the declaration of the
Constitution. Germany remained divided into
eastern and western sectors under allied control
until it regained total sovereignty with
unification on October 3, 1990.
The basis for Germany’s modern day statutory
law is the “Penal Code for the German Empire”
codified in 1871. 3 Prior to the establishment
of the German Empire in 1871, each German state
had its own penal code. The 1871 penal code was
influenced by the French Penal Code of 1810, the
Bavarian Penal Code of 1813 as well as the
Prussian Penal Code of 1851. Retribution was the
dominant philosophy and heavy emphasis was placed
upon prevention through punishment. Satisfaction
with the penal code was short-lived and as early
as 1882 F. v. Liszt in his “Marburg Programme”
called for reform of criminal sanctions with an
emphasis on prevention through special deterrence
which emphasizes deterring the offender, not the
offense. (Eser, 1989; 3).
While the Penal Code of 1871 remained
relatively intact for over 100 years, it did
undergo substantial modifications and reforms such
as the registering of served sentences (1920), the
creation of a special juvenile criminal law
(1923), and the introduction of fines to suppress
short-term prison sentences (1921-1924).
The Nazi era introduced sweeping and harsh
reforms with an emphasis upon general deterrence
through extreme severity (the death penalty).
These reforms left the basic penal code intact but
introduced punishment on order of the Fhrer.
After the war and during the time that
Germany remained divided into allied sectors, the
new Federal Republic of Germany, created in 1949,
began the task of overhauling the legal system. A
serious attempt was made by the “Grand Criminal
Law Commission” whose membership consisted of
legal scholars, practitioners and politicians.
They created a reform draft, “Draft of a Penal
Code,” in 1962 which failed to secure adoption by
the Federal Assembly because of its weakness in
formulating a criminal policy with regard to the
sanctioning system. The major failure lay in its
emphasis on punishment and retribution and its
conservative view and rigidity on sexual mores.
This failed attempt to pass a penal code by
the Federal Assembly led to the creation of a
second reform group, the Special Committee on
Criminal Law Reform, comprised of German and Swiss
legal scholars and criminologists. This more
successful attempt, presented as the “Alternative
Draft of a Penal Code”, recommended restricting
the application of criminal law to socially
harmful conduct and emphasized restructuring the
sanction system to fit the philosophy of
rehabilitation. Legal reforms introduced the
notion that general deterrence could never be used
as a philosophical basis for individual
punishment. (Eser, 1989; 8).
Significant legislation introduced reform in
partial steps, the main elements contained in five
Criminal Law Reform Acts beginning in 1969. The
Criminal Law Reform Acts emphasized restructuring
the sanctions to make them more conducive to the
rationale of rehabilitation. Certain acts were
decriminalized and others replaced with a more
practical working definition. A second major
reform was the permanent restriction on short-term
prison sentences and the introduction of the fine.
Additionally, changes were introduced in the
general law as well as in the alternative
sanctions which could be applied. Due to societal
change and emphasis upon certain acts, the German
government also passed legislation concerning
environmental and economic crimes, hostage-taking
and aircraft hijacking (Eser, 1989; 23).
One last significant piece of legislation was
the Act on the Treaty of 31 August 1990 between
the Federal Republic of Germany and the German
Democratic Republic on the Establishment of German
Unity. The Unification Treaty Act of August 31,
1990 (Einigungsvertragsgesetz) replaced, in large
part, the laws of the former German Democratic
Republic with those of the Federal Republic of
Germany. Limited exceptions, however, allowed
laws from the former East German penal code to
exist in the former eastern states (Council of
Europe, 1992:32; Jescheck, 1991; X).

CRIME

1. Classification of crimes.

* Legal classification. Criminal offenses can be
categorized as Verbrechen, crimes or felonies, and
Vergehen, misdemeanors. Less serious offenses
have, through a lengthy reform process, either
been decriminalized, upgraded into misdemeanors,
or reclassified as Ordnungswidrigkeiten,
regulatory or administrative offenses. A
Verbrechen is an act which is punishable by a
minimum prison sentence of 1 year. A Vergehen is
punishable by a sentence of less than one year or
a fine. Verbrechen comprise serious crimes
involving severe injury or extensive property
damage or loss (for instance, homicide, rape,
robbery, arson) while Vergehen are offenses such
as simple assault, theft, vandalism.
Ordnungswidrigkeiten include disturbing the peace,
illegal practice of prostitution, illegal
assembly, possession of materials to make and
distribute forged documents or money.

* Age of criminal responsibility. Persons who
commit an offense while under the age of 14 are
not held criminally liable for their offense.
Criminal liability attaches at the age of 14. A
juvenile is one who, at the time of the act, has
reached the age of 14 but is not yet 18. A
separate category exists for young adults between
the ages of 18 and not yet 21 (JGG, 1(2)). A young
adult, based upon mitigating circumstances, may be
dealt with by a juvenile court.

* Drug offenses. Drug statutes and regulations
specifically spell out the drugs which are
prohibited or controlled by German law because of
their potentially addictive effects or danger to
the population. 4 By law, the Federal Minister
for Youth, Family and Health may, without
confirmation from the Bundestag, alter the current
list of drugs. 5 Anyone not licensed, who
cultivates, imports, buys or sells, prescribes,
manufactures or possesses an illegal drug is
subject to punishment under the BtMG (punishment
may range from a fine or probation to
incarceration usually for a period of not less
than 2 but not more than 4 years) (BtMG, ss
29-36). Federal statistics on drug violations are
collected for the following drugs: heroin,
cocaine, LSD, amphetamines, cannabis and its
derivatives, and a last category for other drugs.
(Polizeiliche Kriminalstatistik, Police Crime
Statistics 1991; 184).

2. Crime statistics.

Official police statistics are
“administrative” definitions which expand the
legal definitions found in the Federal penal code.
In the national Police Crime Statistics crimes
are organized according to numbers or keys.

* Murder. In 1991 the Federal Bundeskriminalamt,
the national organization which compiles crime
statistics, reported a total of 962 murders and
1,746 acts of manslaughter. These numbers exclude
attempts and include both old and new federal
states. This represents 3.4 homicides per 100,000
population. 7
The definition of murder used by the police
for classification purposes is the legal statutory
definition (StGB, s 221) which involves the
killing of a human being through dangerous means,
in a malicious, treacherous or heinous way in
order to conceal or further a crime, or for sexual
satisfaction, the enjoyment of killing, or out of
greed or avarice. The criminal statistics further
sub-categorize murders into robbery-murders and
sexual-murders. Manslaughter (StGB, s 212) is the
killing of a human being under circumstances which
do not meet the standards of murder.
(Polizeiliche Kriminalstatistik or PKS 1991, 105:
Table 01, and 107: second table; PKS 1991, 1992;
105).

* Theft. In 1991 there were 1,863,753 cases of
theft under aggravating circumstances reported
throughout Germany for a rate of 2,337 per 100,000
population. Of these, 16.3% were attempts. (PKS
1991, 1992; 140: Table 01: 142: first table).
The category of theft under aggravating
circumstances is based upon statutes 243 and 244
of the penal code (StGB) and includes taking
advantage of the helplessness, injury, accident of
another, or a situation of danger to commit a
theft; the stealing of a firearm; the carrying of
a firearm for the purpose of threat; and the
commission of theft by a gang. 8 Other offenses
which may be included are the breaking and
entering of a locked building or apartment, the
use of force against an object or building to
commit the theft, the stealing of religious
objects or those which have scientific or
historical value. If the monetary value of the
object in the aforementioned categories is
minimal, the offense may be reclassified as a
theft without aggravating circumstances.

* Rape. According to the PKS, of the 5,821 cases
reported nationwide, 2,289 (39.3%) were attempts. 9
This reflects a rate of 7.3 rapes per 100,000
inhabitants (PKS 1991, 1992; 109: Table 01; PKS
1991, 1992: 112: first table).
Rape falls under a broader category in the
police statistics of offenses against sexual
self-determination. Rape is based upon the penal
code definition (StGB, s 177) and involves the use
of force or threat of immediate bodily harm or
death, to cause a woman to have sexual intercourse
outside of marriage with the accused or a third
party.

* Drug offenses. The BKA registered 117,204
cases of drug violations for a rate of 147 per
100,000 population. The BKA bases their
definition of drug-related offenses on violations
of statutes 29 and 30 of the Narcotic Drug Law.
These offenses involve the illegal dealing in,
importation, cultivation, buying or selling,
prescription, manufacture, advertisement for or
possession of an illegal drug. (PKS 1991, 1992;
185: Table 01; PKS 1991, 1992; 187: 2nd table).

* Crime regions. While cities with a population
of over 500,000 accounted for 18.3% of the crime
compared to communities with a population under
20,000 (40.4%), the crime rates were higher in
larger cities (13,560 per 100,000 population
compared to 3,667 per 100,000 population in small
communities) (PKS1991, 1992; 27: first table).
The cities with populations over 100,000 with
the highest rates of crime are Frankfurt (20,239
crimes per 100,000), Bremen (18,174), Lbeck
(16,896), Hamburg (16,644), Hannover (14,620) and
Berlin (14,617) (PKS 1991, 1992; 49). 10

PRISON

1. Description.

* Number of prisons and type. Prisons are
classified as either open or closed institutions.
Open institutions are characterized by minimal
restrictions and lack of high security walls,
fences, or armed guards at the perimeter. Open
institutions house non-violent offenders with
relatively short sentences. Closed institutions
are characterized by high security at the
perimeter as well as within the institutions.
However, within closed institutions it is not
uncommon to find low-security tracts, particularly
in womens’ prisons, where young mothers are often
allowed to keep their children with them in the
prison until the child reaches a designated age
(Kaiser, et al., 1992; 180). As of September 1992,
there were 25 open institutions (11.2% of the
total) and 199 closed institutions. (Tolzmann,
1993).

* Number of prison beds. On September 30, 1992,
there were 224 correctional facilities with
approximately 70,354 beds, of which 59,579 were
occupied (84.7% occupancy) (Tolzmann, 1993).

* Average daily population/Number of prisoners.
The average number of prisoners as of September
30, 1992 was 59,57932. . On 31 March, 1991, the
total number of prisoners was 37,281, of which
35,787 (96%) were male and 1,494 (4%) were female.
There was a total number of 37,281 persons in
adult correctional facilities, of which 1,390
(95.8%) were male and 1,390 (4.2%) were female.
Juvenile correctional facilities had a total of
3,889 persons, of which 3,785 (97.3%) and 104
(2.7%) was female. Information is not available
on ethnic origin. (Tolzmann, 1993). 32

* Number of annual admissions. In 1989, there
were 519,084 admissions into correctional
institutions. Of this total, 23,668 (4.56%) were
women. These figures also include transfers
between institutions. 33

* Actual or estimated proportions of inmates
incarcerated. The estimated yearly percentages for
prison inmates by crime type on March 31, 1989 are
as follows: 34

Drug Crimes 9.1%
Violent Crimes 35.2%
Property Crimes 44.3%
Other Crimes 35 11.4%

2. Administration.

Prisons are administered at the state level.
There are neither federal prisons nor private
prisons in Germany.

* Prison guards. In 1992 there were 21,500
uniformed personnel in the 13 states that
reported. 36 There were 31,882 positions at all
levels in correctional institutions in the 13
reporting states (Gem„hlich, 1993).

* Training and qualifications. The training of
guards is fairly consistent in each of the federal
states. All guards attend a school designed to
train prison personnel called the
Justizvollzugsschule. A school is located in each
of the larger states. Smaller states combine
resources and train their personnel at the same
school. The training period, which lasts
approximately two years, combines practical
training in the institutions coupled with classes
in psychology, sociology, and criminological
theory. (Gem„hlich, 1993).

* Expenditure on the prison system. Because the
administration of the prison which includes the
training of guards, building, operation and
maintenance, is done at the state level,
statistics concerning these matters are not
available from the Federal Ministry of Justice.
(Tolzman, 1993).

* Number of prisoners awaiting trial. As of
September 30, 1992, there were 18,82336 prisoners
(31.6% of the total prison population) awaiting
trial (Tolzmann, 1993).

3. Prison Conditions.

* Remissions. In cases where a determinate
sentence has been imposed, conditional release for
good behavior may be granted an inmate after
having served two-thirds of his/her sentence
(StPO, s 57). In special cases, an individual may
be released after half the sentence is served.
Where an individual has received a life sentence,
the court may consider conditional release after
the individual has served at least 15 years (StPO,
s 57a). The decision is made by a criminal law
judge of the Landgericht. 37 Supervisory
assistance in the form of a parole officer is
available to inmates released early from prison.

* Work/Education. Inmates are required to work
when work is available. Educational opportunities
in the prison are voluntary. Inmates are often
given vocational training and allowed to complete
their apprenticeship in prison workshops and are
then given certificates, which allows them to
practice their profession on the outside upon
release from the institution. Heavy emphasis is
placed upon education in juvenile institutions.

* Amenities/privileges. Several amenities are
provided the German prisoner. They are listed
below. 1)Work release: The individual under
certain circumstances is allowed to work outside
of the prison and return to the prison after work.
Some institutions have established a separate wing
or separate quarters outside of the prison for
those on work release; 2)Temporary (day basis)
release: Prisoners are allowed to leave the
prison either with or without supervision by a
staff member. Emergency leave may also be granted
in life-threatening situations involving a family
member; 3)Vacation. This involves release of an
inmate for a period of anywhere between 6 to 21
days depending upon the circumstances and the
particular inmate. 4)Correspondence: Inmates have
the right to correspond with individuals outside
of the institution and the institutions have the
responsibility to facilitate this contact;
5)Visitation: Inmates have a right to visitors.
Visitors are not restricted to family members or
specific individuals. Inmates do not have a right
to sexual contact with spouses or partners in
prison (Higher Regional court decision 1967).
However, the court did not prohibit individual
prisons from providing such an opportunity.
6)Education: School classes may be offered with
the intention of providing a graduation
certificate for elementary school. (Kaiser, et
al., 1992: 187-188, 192).
The prison is responsible for providing for
the physical and mental well-being of the inmate.
Religious services and other religious events or
meetings are a right. The prison must provide for
medical and dental care of inmates. Additionally,
many prisons offer drug and alcohol rehabilitation
programs to inmates. (Kaiser, et al., 1992: 223.)
The inmate also has the right to financial
assistance from the prison upon his release. The
money can be used to pay for transportation,
clothes, and generally to get established in a
residence. The released prisoner is not obliged
to repay the prison. (Kaiser, et al., 1992; 233).

EXTRADITION AND TREATIES

* Extradition. The Act for International Legal
Assistance in Criminal Matters (Gesetz ber die
internationale Rechtshilfe in Strafsachen (IRG))
contains the rules governing extradition in
Germany. The European Convention on Extradition
(ETS No. 24), a multilateral agreement between
member countries, provides for extradition between
Germany and each of the following countries:
Austria, Belgium, Cyprus, Denmark, Finland (by
accession), France, Greece, Hungary, Iceland,
Ireland, Italy, Liechtenstein (by accession),
Luxembourg, Netherlands, Norway, Portugal, Spain,
Sweden, Switzerland, Turkey, United Kingdom, and
with Israel (a non-member state by accession)
(E.T.S. No. 24 – European Convention on
Extradition; in Mller-Rappard and Bassiorni,
1991; 247).

* Exchange of prisoners. The exchange of prisoners
is governed by the Convention on the Transfer of
Sentenced Persons (ETS No. 112), entered into
force in 1985. This multilateral agreement
provides for the transfer of sentenced persons
between Germany and the following countries:
Austria, Belgium, Cyprus, Denmark, Finland,
France, Greece, Hungary, Iceland, Ireland, Italy,
Liechtenstein, Luxembourg, Malta, Netherlands,
Norway, Portugal, Spain, Sweden, Switzerland,
Turkey, United Kingdom, and the non-member states
of the Bahamas, Canada, and the United States
(Mller-Rappard and Bassiorni, 1991).

* Specified conditions. In both of the
aforementioned treaties, many countries have
specified conditions under which they will or will
not abide by the treaty. Germany adheres to the
following disclaimers: A German national will not
be extradited to a foreign country (prohibited by
Article 16 subsection 2 of the Federal
Constitution); those facing political oppression
or the death penalty in their own country will not
be extradited; a prisoner will not be extradited
if the requesting country does not provide for
early release on parole for a prisoner sentenced
to life imprisonment. The decision to extradite
lies with the Higher Regional Court (IRG, ss
12-14).

Note: The following abbreviations will be used
throughout this entry:

StPO or StrafprozeĂĄordnung — Code of Criminal
Procedure

StGB or Strafgesetzbuch — German Penal Code

GG or Grundgesetz — German Constitution or
Basic Law

GVG or Gerichtsverfassungsgesetz — Constitution
of Courts Act or law governing court
jurisdiction and organization

JGG or Jugendgerichtsgesetz — Juvenile Court Act

Note: this work was completed in 1993

Resources

See Also

  • Criminal Justice
  • Legal System
  • Criminology
  • Criminal Justice System

Further Reading

  • Cole, George F., S. J. Frankowski, and M. G. Gertz, (1987) Major Criminal Justice Systems. Beverly Hills: Sage.
  • David, R. and J. E. Brierley (1968) Major Legal Systems of the World Today. London: Free Press.
  • Fairchild, E. (1993), Comparative criminal justice systems. Belmont, CA: Wadsworth.
  • Feeley, Malcolm M. (1973), “Two models of the criminal justice system”. Law and Society Review, 7(3): 407-425.

SOURCES

Ausgew„hlte Zahlen fr die Rechtspflege 1989;
Fachserie 10; Wiesbaden: Statistisches
Bundesamt, 1992; 43. (Selective Numbers for
the Administration of Justice, Subject Series
10; Wiesbaden: Federal Bureau of Statistics,
1992.

Boers, Klaus, Kriminalit„tsfurcht, Pfaffenweiler:
Centaurus- Verlagsgesell-schaft, 1991. (Fear
of Crime), Pfaffenweiler:
Centaurus-Publishers Corporation, 1991.

Bruckmeier, Karl, Olaf Donner, Claudius Ohder and
Brigitte Thiem-Schr„der, Jugenddelinquenz in
der Wahrnehmung von Sozialarbeitern und
Polizeibeamten, Weinheim: Beltz Verlag, 1984;
Juvenile Delinquency in the Perception of
Social Workers and Police Officers; Weinheim:
Beltz Publishers, 1984.

Bundesministerium fr Arbeit und Sozialordnung,
Der Staat Hilft den Opfern von Gewalttaten,
Bonn, 1992 (The Federal Misistry for Work and
Social Affairs, The State Helps the Victims
of Violent Crimes, Bonn, 1992.

Cannings, Della M., “Suspects’ Rights in Six EC
Countries” in Policing in Europe Towards
1992, Devon and Cornwall Constabulary, 1990,
pp. 228-230.

Cannings, Della, “Border Controls – the West
German Experience” in Policing in Europe
Towards 1992, Devon and Cornwall
Constabulary, 1990, pp. 90-108.

Council of Europe, Prison Information Bulletin,
No. 16 – June 1992.

Eisenberg, Ulrich, Kriminologie, 3. Auflag, K”ln:
Carl Heymanns Verlag, 1990; Criminology, 3rd
Edition, Cologne: Carl Heymanns Publishers,
1990.

Erich, Peter, Professor at the Fachhochschule fr
Verwaltung und Rechtspflege (Technical
College for the Management and Administration
of Justice), Kurfrstendamm 207/208, Room
827; telephone (030) 31 83-2440; personal
interview, Thursday, June 3, 1993.

Eser, Albin, “A Century of Penal Legislation in
Germany” in Old Ways and New Needs in
Criminal Legislation, Eser, Albin and
Thormundsson (Eds.), Max-Planck-Institut:
Freiburg, 1989, pp. 26.

“Federal Republic of Germany, The”, International
Criminal Police Review, ICPO-INTERPOL,
July-August 1987, Number 407, pp. 9-12.

Friedrich, Walter, Erwachsene und Jugendliche vor
Polizei und Gericht, 4. Auflage, Mnchen:
Verlag C.H.Beck, 1987. Adults and Juveniles
before the Police and Court, Munich: C.H.
Beck Publishers, 1987.

Gedaschke, Kriminalhauptkommisar der Berliner
Polizei, Polizeipresse Stelle,
Polizeipr„sidium, Platz der Luftbrcke 6,
Personal Interview: Detective High
Commissioner Gedaschke at the Police
Headquarters, Platz der Luftbrcke 6, Press
and Information Center, Berlin on Thursday,
June 10, 1993; Telephone: (49) (30) 699-350
52.

Gem„hlich, Dr., S„chsische Staatsministerium der
Justiz, Abteilung Strafvollzug, Saxony State
Ministry of Justice, Division of Prisons;
Telephone Call: July 7, 1993, Telephone: (49)
(351) 564-1910.

“Gerichtsverfassungsgesetz” also “GVG” in
Strafprozeåordnung, Mnchen: C.H. Beck (dtv),
1992; 173-215. (“Constitution of Courts Act”
in Code of Criminal Procedure, Munich: C.H.
Beck – German Paperback Book Publishers),
1992: 173- 215.

“Gesetz uber das Bundesverfassungsgericht” in
Grundesetz, Munchen: C.H. Beck (dtv), 1989;
147-174.

Grundgesetz, Munchen: C.H. Beck – Deutscher
Taschenbuch Verlag, 1989. (Basic Law),
Munich: C.H.Beck – German Paperback Book
Publishers, 1989.

Heinz, Volker G., “Germany” in EC Legal Systems:
An Introductory Guide, by Sheridan, Maurice
and Cameron, James (eds.), Butterworth and
Co., Ltd.: London, 1992, pp. Germany iii –
Germany 60.

International Criminal Police Review, “The Federal
Republic of Germany”, Number 407,
July-August 1987, Saint-Cloud, France; 9-12.

Jescheck, Hans-Heinrich, in Strafgesetzbuch
(StGB), Mnchen: Deutscher Taschenbuch
Verlag, 1991; IX-XXXI. (The Penal Code,
Munich: German Paperback Book Publishers,
1991; pp. IX-XXXI).

“Jugendgerichtsgesetz” or JGG in Strafgesetzbuch
(StGB), Mnchen: C.H. Beck – Deutscher
Taschenbuch Verlag, 1991. (The Penal Code,
Munich: C.H. Beck – German Paperback Book
Publishers, 1991), pages 173-184.

Kaiser, Gnther, Kriminologie 8. Auflage,
Heidelberg: C.F.Mller Juristische Verlag,
1989 (Criminology 8th Edition, Heidelberg:
C.F.Mller Juridical Publishers, 1989).

Kaiser, Gnther, Kerner, Hans-Jrgen and Sch”ch,
Heinz, Strafvollzug 4. Auflage, Heidelberg:
C.F. Mller Juristischer Verlag, 1992;
Corrections, 4th Edition, Heidelberg: C.F.
Mller Law Publishers, 1992.

Karstedt, Susanne, The Federal Republic of
Germany: Basic Data on History, Constitution,
the System of Justice, Population Structure
and the Educational System,(unpublished
manuscript), Bielefeld, Germany, 1992 (copy
obtained from author).

Kerner, Hans-Jrgen, Opferrechte/Opferpflichten,
Mainz: Weisser Ring, 1992 (Victims”
Rights/Victims’ Responsibilities), published
by the White Ring.

Krause, Mr., Innenministerium Brandenburg,
Brandenburg, Germany; (Ministry of the
Interior, Brandenburg); Telephone Call, Fax
received: June 21, 1993; Telephone: (40)
(331) 866-2112; fax: (49) (331) 866- 2646.

Mller-Rappard, Ekkehart and M. Cherif Bassiorni
(eds.) “Convention on the Transfer of
Sentenced Persons (ETS No. 112)”,European
Inter-State Co-operation in Criminal Matters:
The Council of Europe’s Legal Instruments,
Volume 1, Dordrecht: Martinus Nijhoff
Publishers, 1991; 763-781.

Mller-Rappard, Ekkehart and M. Cherif Bassiorni
(eds.) “European Convention on Extradition
(ETS No. 24)”European Inter-State
Co-operation in Criminal Matters: The Council
of Europe’s Legal Instruments, Volume
1,Dordrecht: Martinus Nijhoff Publishers,
1991; 207-279.

Pitsela, Angelika, “Criminal Victimization of
Foreign Minorities in the Federal Republic of
Germany”, Kaiser, Gnther and Isolde Geissler
(eds.) in Crime and Criminal Justice,
Frieburg: Max-Plank-Institut fur
Auslandisches und Internationales Strafrecht)

Polizeiliche Kriminalstatistik 1991,
Bundeskriminalamt, Wiesbaden, 1992. Police
Crime Statistics, Federal Criminal Office,
Wiesbaden, 1992.

Polizeipr„sident in Berlin, der, “Hinweis fr die
Einstellung in den mittleren Dienst der
Schutzpolizei”, Charlottenburger Chausee 67,
W-1000 Berlin 20; Police President of Berlin,
the, “Instructions on the Enlistment in the
Mid-level Service of the Patrol Officer”,
address: Der Polizeipr„sident in Berlin,
Referat Einstellung, ZD IV A,
Charlottenburger Chausee 67, 1000 Berlin 20,
Germany.

Polizeiaufgabengesetze (Gesetze ber die Aufgaben
und Befgnisse der Bayerischen Staatlichen
Polizei) vom 14. September 1990, Band 1, C
O1, 1990 (Police Functions Law: Law
Concerning the Functions and Authority of the
Bavarian State Police from September 14,
1990, Volume 1, C O1, 1990.

Polizeigesetz des Landes Nordrhein-Westfalen, Band
2, H O2, 1990; (Police Laws of the State of
Nordrhein-Westfalia, Volume 2, H 02, 1990).

Questions on German History, Bonn: German
Bundestag, Press and Information Center,
Publications’ Section, 1984.

Romain, Alfred, Dictionary of Legal and Commercial
Terms Part II, Munich: C.H. Beck, 1985.

Statistisches Jahrbuch 1992 fr die Bundesrepublik
Deutschland, Statistisches Bundesamt,
Wisbaden, 1992; Table 15.2; p. 391
(Statistical Yearbook for the Federal
Republic of Germany, Federal Bureau of
Statistics, Wiesbaden, 1992.

Strafgesetzbuch (StGB), Mnchen: C.H. Beck –
Deutscher Taschenbuch Verlag, 1991. (The
Penal Code, Munich: C.H. Beck – German
Paperback Book Publishers, 1991).

Tolzmann, Gudrun, Senior Government Official,
Federal Ministry of Justice, Bonn, Germany,
on June 24, 1993; Telephone Call: Mrs.
Tolzmann, June 21, 1993, Telephone:
49-228-58-4250; Fax received: 49-
228-58-4525 on June 24, 1993.

van Kalmthout, Anton M. and Peter J.P.Tak,
Sanctions-Systems in the Member States of the
Council of Europe Part II, Deventer, The
Netherlands: Kluwer Law and Taxation
Publishers, 1992.

Villmow, Bernard “Victim Compensation in Some
Western Countries”, in Sessar, Klaus and
Hans-Jrgen Kerner (eds.), Developments in
Crime and Crime Control Research, New York:
Springer Verlag (Publishers), 1991; 56-86.

Weisser Ring, Presseinfo, Helmut Rster,
Pressesprecher, Weisser Ring, WeberstraĂĄe 16,
6500 Mainz-Weisenau, Deutschland; information
packet sent by the Public Relations Officer
of the Weisser Ring.

Zimmermann, KD, Ltd. Crime Director,
Polizei-Fhrungsakademie (Police Leadership
Academy), Zum Roten Berge 18-24, 48165
Mnster, Germany, Telephone: 02501-806-290;
Personal communication, letter dated July
1993.

Leave a Comment