[GS:: C:\kidat\kis2004\sanks04.htm  31.07.2006  31.07.2006 17:08:0

 KIS

 The Konstanz Repository on Crime and Sanctioning
 website: http://www.uni-konstanz.de/rtf/kis/

 

Wolfgang Heinz:

Penal Sanctions and Sanctioning Practice in the Federal Republic of Germany 1882 – 2004

Version: 1/2006

English Content

I. The Current System of Sanctions
1. The Current System of Sanctions
1.1 The Present System of Legal Consequences under the Adult Penal Code (Figure 1)
1.1.1 Refraining from Punishment
1.1.2 Admonition with Reservation to Impose Punishment
1.1.3 Punishments
1.1.3.1 Main Punishment
1.1.3.2 Imprisonment
1.1.3.3 Fines
1.1.3.4 Incidental Sanctions - Ban on Driving
1.1.4 Incidental Consequences
1.1.5 Measures (Section 11 paragraph 1 nr. 8 of the Penal Code)
1.1.5.1 Measures to Reform the Offender and Protect the Public
1.1.5.2 Further Measures
1.2 The Present Juvenile Justice System (Figure 2)
1.2.1 Juvenile Law as a Special Criminal Law for Youthful Offenders
1.2.2 The Present Juvenile Legal Consequences System
1.2.2.1 Educational Measures
1.2.2.2 Disciplinary Measures
1.2.2.3 Juvenile Punishment

II. The Development of the Sanctions Practice in Germany (1882 – 2004)
1. Formal and Informal Sanctions in the Adult Criminal Law and Juvenile Criminal Law
1.1 The Driving Back of Custodial Sanctions in favor of Non-Custodial Sanctions
1.2 The Increasing Significance of Informal Sanctions and the Shifting of Sanctions Competency to the Prosecution
2. Informal Sanctions
3. Formal Sanctions
3.1 The Increasing Significance of Fines
3.2 The Driving Back of Imprisonment
3.2.1 The Decrease in the Imposition of Short-Term Imprisonment
3.3 The Increasing Significance of the Sentence Being Impended on Probation and Probation Service
3.4 The Insignificance of the Further Non Custodial Sanctions – Refraining From Punishment and Admonition With Reservation to Impose Punishment
3.5 Pre-trial detention

 

OVERVIEW: Figures and Tables

 

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Penal Sanctions and Sanctioning Practice in the Federal Republic of Germany 1882 – 2004


1. The Current System of Sanctions
1.1 The Present System of Legal Consequences under the Adult Penal Code (Figure 1)
1.1.1 Refraining from Punishment

According to Section 60 of the Penal Code, the court refrains from punishment regarding offenses in which the imposition of a penalty would ‚obviously not achieve its purpose‘, for example, a drunk driving accident that had serious consequences for the offender or near relatives of the offender. In such cases, the serious consequences partly make up for the guilt, so that no need for prevention exists.
Furthermore, the penalty can either be totally refrained from or it can be mitigated if the offender “makes an effort to compensate the victim (Reparation, Täter-Opfer-Ausgleich), makes good his deed, or seriously strives to make up for his deed” (Section 46a Nr. 1 of the Penal Code). It is also possible, that the offender compensates the victim through “considerable personal achievements” or a “personal renunciation” (Section 46a Nr. 2 of the Penal Code).
Furthermore, the Penal Code provides a number of further instructions for the possibility of a guilty verdict, in which the punishment is minimal – either because of the wrongfulness of the criminal offence and/or the guilt of the offender is strongly reduced (for example, Sections 139 paragraph 1, 174 paragraph 4 of the Penal Code; Sections 113 paragraph 4, 157 paragraphs 1 and 2 of the Penal Code).

1.1.2 Admonition with Reservation to Impose Punishment
According to Sections 59-59c of the Penal Code, the court, besides the general verdict, can admonish the offender, determine the sentence and reserve the conviction to this punishment (Section 59 of the Penal Code).
The court determines a period of probation, imposes conditions and instructions, for example, the condition of making a contribution to a charitable organization or to federal treasury (Section 59a of the Penal Code). If the offender proves himself, he only receives the warning , but no punishment and no sentence (Section 59b of the Penal Code). If he does not prove himself, he will receive the reserved punishment.
The guilty verdict, the admonition, the conditions and instructions are meant to sanction, but not to punish, because the punishment is supposed to be reserved.

1.1.3 Punishments
1.1.3.1 Main Punishment

The Penal Code differentiates between main punishments and incidental punishments. The main punishments are imprisonment (Sections 38, 39 of the Penal Code) and fines (Sections 40 to 43 of the Penal Code). Incidental punishments include bans on driving (Section 44 of the Penal Code).

1.1.3.2 Imprisonment
The sentencing can be either for a certain amount of time or for life. The life sentence is inevitable with murder (Section 211 of the Penal Code) and genocide (Section 220a of the Penal Code). It can be imposed to punish the following crimes: for example, the preparation of a war of aggression, high treason, aggravated manslaughter, robbery resulting in death, extortionary attack upon motorists. Since the abolition of the death penalty in 1949, the life sentence is the harshest penalty in the German criminal justice system. The Federal Constitutional Court (Bundesverfassungsgericht) affirmed the constitutionality of the absolutely imposed lifelong sentence for murder, demanding however, a restricted interpretation of the elements of murder (Federal Constitutional Court Decision, BverfGE 45, 187). In 1981, through Section 57a of the Penal Code, the use of parole for life sentences was permitted after an offender served fifteen years.
The minimum length of imprisonment is one month and the maximum is fifteen years (Section 38 paragraph 2 of the Penal Code). The short-term imprisonment (less than 6 months) is imposed in exceptional cases only (ultima ratio) and fines have to be imposed whenever possible (Section 47 of the Penal Code).
Sentences up to two years can be impended on probation. In case of imprisonment up to six months, the court can suspend execution of the sentence on probation if a positive social prognosis of the offender is expected (Section 56 paragraph 1 of the Penal Code). For punishments between six months and one year, the execution of the sentence cannot be suspended on probation if general deterrence (defense of the legal order) demands that it is not given (Section 56 paragraph 2 of the Penal Code). Sentences between one and two years can be suspended under “special circumstances” (Section 56 paragraph 2 of the Penal Code). The court determines the duration of the period of probation. It cannot exceed 5 years and cannot be less than 2 years (Section 56a of the Penal Code). The period of probation can be lengthened or shortened afterwards. Conditions and instructions can be given to the convicted offender. Conditions such as making a reparation for the damage caused by the act or paying a sum of money to a charitable institution or the treasury serve as satisfaction for the committed wrongdoing (Section 56b of the Penal Code). Instructions serve the purpose of preventing the convicted person from committing further criminal acts. As such, the supervision and guidance of a probation officer comes into consideration (Section 56d of the Penal Code). Further examples of instructions are “to comply with orders relating to abode, education, work or free time”, not to possess certain objects which can offer the opportunity or incitement to commit further criminal acts or to comply with obligations to provide maintenance (Section 56c of the Penal Code). The court modifies the conditions of the suspended sentence, or if that is not promising, revokes suspension of the sentence if the convicted person commits a criminal act during the period of probation (Section 56f of the Penal Code). The result is that the imposed imprisonment is henceforth enforced. Apart from that, the imposed punishment will be remitted (Section 56g of the Penal Code).
The offender receiving a determinate sentence, as well as someone serving a term of life imprisonment, have the opportunity to be released on probation (Sections 57, 57a of the Penal Code). The court suspends execution of the remaining portion of imprisonment for a term on probation if two-thirds of the sentence imposed, but at least 2 months, have been served and if the offender has a good prognosis. If the offender served half of his sentence, at least six months, it is possible for him to be paroled if special circumstances exist (Section 57 of the Penal Code). Even those offenders serving a life sentence have the chance to be released (Section 57a of the Penal Code). The court suspends execution of the remaining portion of imprisonment for life on probation if 15 years of the sentence have been served, no special gravity of the convicted person’s guilt requires further execution and a good prognosis exists in the sense laid out by Section 57 paragraph 1 of the Penal Code. The convict serving either a determinate sentence or a lifelong sentence must agree to be let out.

1.1.3.3 Fines
Fines are imposed in daily units (Section 40 of the Penal Code). The total fine derives from the number of daily units and the level of those units. The minimum amount of days amount to five, the maximum is usually 360 daily units, while the maximum for a cumulative sentence is 720 (Section 54 paragraph 2 sentence 2 of the Penal Code). The amount per day ranges from one to five thousand Euro (€). This system ensures that the fines have the same impact on offenders who committed the same crimes but have different financial situations. The convicted person is not expected to pay the fine immediately, he is granted ways to make the payment easier (a deferral of payment or payment by installments). Fines cannot be suspended. However, if someone has been sentenced to a fine up to 180 daily rates, the court can admonish him, determine the sentence and reserve the conviction to this punishment (Section 59 of the Penal Code).
If the fine is neither willingly paid, nor can be enforced, imprisonment is imposed as a substitute for a fine (Section 43 of the Penal Code). 1 daily rate is equal to 1 day in prison. If the convicted person agrees, he can do charitable work to erase the imprisonment.

1.1.3.4 Incidental Sanctions - Ban on Driving
The ban on driving (Section 44 of the Penal Code) is an incidental sanction, which can be imposed in addition to imprisonment or fines. It serves as a short-term warning. Unlike the withdrawal of the driving licence (Section 69 of the Penal Code), which is intended to remove unsuitable drivers from road traffic, those who receive the ban on driving retain their licenses. The ban on driving lasts from one month to three months, and is a ban from “driving any or a certain type of motor vehicles in traffic”.

1.1.4 Incidental Consequences
Incidental consequences are the loss of the right to hold public or elected office, the loss of the right to vote (Section 45 and following sections of the Penal Code) and the publication of the conviction (Sections 165, 200 of the Penal Code).

1.1.5 Measures (Section 11 paragraph 1 nr. 8 of the Penal Code)
1.1.5.1 Measures to Reform the Offender and Protect the Public

The German Penal Code knows different types of measures:
- the commitment to a psychiatric institution (Section 63 of the Penal Code)
- the commitment to an institution for withdrawal treatment (Section 64 of the Penal Code)
- the commitment to preventive custody - post imprisonment (Section 66 of the Penal Code)
- the supervision of conduct (Section 68 and following sections of the Penal Code)
- the withdrawal of the drivers‘ license (Section 69 and following sections of the Penal Code)
- the ban on occupation.
The principle of proportionality (Section 62 of the Penal Code) must be observed. A prognosis regarding the future dangerousness of the offender is necessary.

1.1.5.2 Further Measures
Further measures include forfeiture and confiscation. If an illegal act has been committed and if the perpetrator or accessory obtains a pecuniary benefit from the act, the court orders its forfeiture (Section 73 and the following sections of the Penal Code). Objects produced from an intentional criminal act or objects, which were designed or were used for its commission or preparation can be confiscated (Section 74 and the following sections of the Penal Code).

1.2 The Present Juvenile Justice System (Figure 2)
1.2.1 Juvenile Law as a Special Criminal Law for Youthful Offenders

With the 1923 introduction of the Act on Juvenile Courts, a specific criminal law for youthful offenders was created for the first time in Germany. The Act on Juvenile Courts includes juveniles (14 to 18 years old) and young adults (18 to under 21 years old). The youth-specific legal consequences set up in the Act on Juvenile Courts are only to be applied to an adolescent if either it is revealed that “ he was equal to a juvenile regarding moral and mental development at the time of the act” or it is indicated that “it was a juvenile delinquency” (Section 105 paragraph 1 of the Act on Juvenile Courts).
The Act on Juvenile Courts has three forms of legal consequences, namely, educational measures, disciplinary measures and custodial sentences. Furthermore, there are also some of the incidental penalties prescribed in the adult criminal law, especially, the imposition of a ban on driving and some of the measures to reform the offender or protect the public (Sections 6 and 7 of the Act on Juvenile Courts).

1.2.2 The Present Juvenile Legal Consequences System
1.2.2.1 Educational Measures

The goal of these measures is not to punish, but to educate the offender. The two types of education measures are instruction (Section 10 of the Act on Juvenile Courts) and disciplinary guidance and reformatory education (Section 12 of the Act on Juvenile Courts).
Instructions are “orders and prohibitions which guide the life of the juvenile and thereby further and secure his education”. The juvenile can be ordered to comply with instructions concerning the place of abode, to be supervised by a specific person, to participate in a social training course or to attempt to make good the injury done to the victim, etc. Especially emphasized is the instruction to undergo social-therapeutic treatment or treatment for drug addicts and alcoholics (Section 10 paragraph 2 of the Act on Juvenile Courts).

1.2.2.2 Disciplinary Measures
Disciplinary measures are admonitions, conditions and juvenile detention.
- By the admonition, the wrongfulness of the act shall be insistently impressed upon the juvenile (Section 14 of the Act on Juvenile Courts).
- Conditions are the obligation “to make restitution to the best of his ability for the damage caused by the act, to personally apologize to the injured party, to work or to pay an amount for the benefit of a charitable organization” (Section 15 of the Act on Juvenile Courts).
- Juvenile detention as a custodial sentence serves as a warning. It can be in the form of free time detention, short-time detention (4 days maximum) or long-term detention (between one and four weeks) (Section 16 of the Act on Juvenile Courts).

1.2.2.3 Juvenile Punishment
Juvenile punishment is the deprivation of liberty in a juvenile confinement facility. It is imposed if “due to the detrimental inclinations of the juvenile as revealed by the act, corrective disciplinary actions or means of correction are not sufficient for education or, if due to the seriousness of the guilt, punishment is required” (Section 17 paragraph 2 of the Act on Juvenile Courts). Juvenile punishment is to be assessed in such a way that the required correctional effect is possible (Section 18 paragraph 2 of the Act on Juvenile Courts).
The minimum term of juvenile punishment is 6 months, the maximum term is 5 years (for juveniles). If the act involves a felony for which the provisions of the general criminal law provide a maximum sentence of more than 10 years of imprisonment, the maximum term is 10 years (Section 18 paragraph 1 of the Act on Juvenile Courts). For young adults, the maximum is always 10 years (Section 105 paragraph 3 of the Act on Juvenile Courts).
The Act on Juvenile Courts knows several types of suspension of juvenile punishment on probation: the suspension of imposition of juvenile punishment (Section 27 of the Act on Juvenile Courts), the suspension of the sentence (Section 21 of the Act on Juvenile Courts), the suspension of the remaining juvenile punishment for a definite period (Section 88 of the Act on Juvenile Courts) and the so called “Vorbewährung” according to Section 57 of the Act on Juvenile Courts, where the court postpones the final decision on the suspension on probation for several months.

II. The Development of the Sanctions Practice in Germany (1882 – 2004)
1. Formal and Informal Sanctions in the Adult Criminal Law and Juvenile Criminal Law
1.1 The Driving Back of Custodial Sanctions in favor of Non-Custodial Sanctions

It is the characteristic of the sentencing practice of the last 115 years in Germany that the custodial sentences have been forced back in favor of non-custodial sentences, namely fines (Figure 3).
In 1882, at the beginning of the statistical time frame, the share of unconditional sentences of imprisonment amounted to 76.8 %. Only 22.2 % of those convicted received fines. The share of those sentenced to the death penalty amounted to 0.03 %; in the following years this fluctuated between 0.01 and 0.05 % (1939). In 1950, the first year with statistical results for West Germany, the share of prison sentences was still at 39.1 %. In 2004, only 8.3 % of all persons convicted received an unconditional prison sentence. Of all the adults and juveniles who were sentenced in 2004, 69.6 % received a fine. If one considers also those cases that were discharged, which would have been sentenced in 1882, then today only 3.7 % of all those sanctioned are sent to prison.

1.2 The Increasing Significance of Informal Sanctions and the Shifting of Sanctions Competency to the Prosecution
Informal sanctions have an increasing significance and a shift of sanctions competence from the judge to the prosecutor can be seen. The sanctions practice freely accepted the means of diversion; refraining from punishment (Section 60) and admonition with reservation to impose punishment (Section 59 of the Penal Code) remained practically meaningless. The increase of sanctionable persons was absorbed by ending the court case with a discharge. Because of this the absolute number of those convicted could remain approximately constant (Figure 4). Today, less than half of all sanctionable persons are finally sanctioned; the share of sentenced offenders of those who are sanctionable (and were actually sanctioned) decreased from 63.7 % in 1981 to 44.3 % in 2004 (Figure 5).
The bearers of these informal sanctions are mainly the prosecutors. At the beginning of the 80s, just short of two thirds of all the informal sanctions were pronounced through the prosecution; this portion has grown to about 85.0 %. In 2004, there were about 839.000 people whose proceedings were discharged by the prosecution in accordance with Sections 153, 153a, 153b of the Code of Criminal Procedure and Section 45 of the Act on Juvenile Courts and about 934.000 people were either formally sanctioned or their proceedings were discharged by the court in accordance with Sections 153, 153a, 153b of the Code of Criminal Procedure and Section 47 of the Act on Juvenile Courts. That means that 47.3 % of all informal and formal sanctions were imposed by the prosecution.

2. Informal Sanctions
Informal sanctions exist not only in the juvenile justice system, but are also quantitatively significant in the adult justice system. Despite the increase in the amount of sanctioned people, the number of those convicted remains about constant, due to the increasing use of discharges (Sections 153, 153a 153b of the Code of Criminal Procedure) (Figure 6). Relatively speaking, the portion of people formally sanctioned compared to all people sanctioned (informally and formally) is declining. In 1981, 66 % were formally sanctioned, whereas in 2004 only 47.6 % were formally sanctioned (Figure 7).
All German states ("Laender") show an increase in the rate of diversion. However, the differences between the diversion rates of the states vary and will over time increase even more (Figure 8). The span of the rates of diversion amounts to 11 % in 1981 and over 20.0 % in 2004. The diversion rates 2004 (without Schleswig-Holstein) range from 42.4 % in Baden-Württemberg to 67.8 % in Bremen. That means that out of 100 proceedings in Baden-Württemberg, approx. 41 were discharged, 59 people were convicted; in Bremen less than 40 were convicted.
There are not only differences between the states regarding whether there is a discharge, but also how it is discharged (Figure 9). In Bavaria discharges are rather rare (2004: 42.5 %), and when it is the case, conditions or instructions are usually applied. In contrast, stands Saarland, where the most proceedings are discharged, and when they are usually discharged without conditions or instructions. It was 2.6 times as probable that criminal proceedings were discharged without consequences in Saarland than it was in Bavaria in 2004.

3. Formal Sanctions
3.1 The Increasing Significance of Fines

Fines owe their increasing significance above all to the Laws Regarding Fines of 1924 as well as to the Criminal Law Reform of 1969, through which short-term imprisonment was driven back in favor of fines (Section 47 of the Penal Code).
Fines are now the predominant punishment. Since the Criminal Law Reform of 1969, more than 80 % of those convicted per year receive just a fine; in 2004, of the 670.279 convicted adults, 540.209 (80.6 %) of those received only fines (Figure 10). It is important to note that since 1970 the fines could hold such a high share of over 80 %, despite the increase of diversion during the last decades. Fines are imposed for traffic offenses, for mild and medium offenses of classic criminality, for crimes against the environment and for breaches of laws for foreigners.
About 236.000 discharges according to Section 153a of the Code of Criminal Procedure, about 17.000 fines imposed as disciplinary measures in Juvenile Criminal Law and 58.274 sentences being impended on conditional probation, which usually involves paying a fine, must be added to the about 540.000 fine sentences in 2004. This shows the significance of fines in the present criminal justice system.
Despite the dominance of the fines as opportunities for driving back the short-term imprisonment (Section 47 of the Penal Code), it is not as widely used as it would be possible. The practice gave up some of its original extreme reserve against the fines exceeding 30 daily units (Figure 11), but still relinquishes the use of fines with short-term imprisonment of between 3 to 6 months. Although it is possible to impose fines from 5 daily units to 360 daily units (Section 40 paragraph 1 of the Penal Code), the majority of daily unit fines (1976: 78.2 %, 2003: 50.6 %) did not exceed 30 daily units and was therefore no competition for short-term imprisonment (the minimum penalty is one month – Section 38 paragraph 2 of the Penal Code). In 2001 merely 45.1 % of fines ranged between 31 and 90 daily units. Therefore, about 94.3 % of all fines remain in the lower quarter of the range of sentences, only 0.5 % of all fines were for more than 180 daily units.
It is also not fully made use of the entire range of daily unit rates. The initial reservation was given up for fines at a rate of more than 25 € (1976: 4.9 %, 2004: 25.7 %), but the share of fines at a rate of 20 German Marks increased at the same time (1976: 29.7 %, 1999: 33.0 %) (Figure 12). But merely 1.9 % of those sentenced to fines pay more than 51 € per day. However, it has to be assumed that more than 1.3 % of those sentenced have a monthly net income (Section 40 paragraph 2 of the Penal Code) of more than 3.000 German Marks, especially if motoring offenses or fraudulent manipulation of trade and tax laws are concerned.
An incentive to paying the fines was and is the enforcement of a prison sentence (Section 43 of the Penal Code). The share of those serving time in prison because of not having paid their fine has increased since the 70s, even though the courts support payment by installments. According to empirical surveys almost a third of all fines are paid by installments. In recent years between 8 and 9 % of those sentenced to a fine spent some time in prison to make up for at least a portion of their fine. This is probably due to the decreasing economic situation including unemployment.

3.2 The Driving Back of Imprisonment
3.2.1 The Decrease in the Imposition of Short-Term Imprisonment

In 1967, before the Criminal Law Reform, every third judgement imposed a prison sentence up to six months, in 2004 it was only every tenth judgement that imposed a prison sentence. This considerable drop in favor of fines is the most lasting success of the 1969 Criminal Law Reform. Nevertheless, the strive for short-term imprisonment as an exception was in vain. In 2004, 35.0 % of all prison sentences were shorter than 6 months (Figure 13). It is a question of assessment, whether the goal of the lawmakers of 1969 to impose short-term prison sentences only as the “ultimate ratio” was reached.
The short-term imprisonment that is not impended on probation has not become an exception as well (Figure 14). It was driven back to one tenth of its scope of 1968, but nearly 28 % of all prison sentences not impended on probation are shorter than six months.
The enforcement of short-term imprisonment is not at all the exception. The goal of the Criminal Law Reform was to not only reduce the imposition but also the enforcement of short-term imprisonment, because of its hindrance to resocialisation. This has only been partially reached. The number of enforced short-term sentences raised significantly, because of unintentional incidental penalties imposed by enforcing other sanctions.
Such incidental unintended penalties are due to
- the enforcement of imprisonment as a substitute (Section 43 of the Penal Code),
- the revocation of suspension of the sentence (Section 56 and following Sections of the Penal Code),
- the suspension of the remaining sentence of imprisonment for a term on probation (Section 57 of the Penal Code) and
- the credit for pretrial confinement (Section 51 of the Penal Code).
In 1967/68 about 137.000 persons were imprisoned for under 6 months, and in 1981/82 there were still 66.400, which is several times as much as the 10.000 persons a year that are sentenced to an unconditional short-term imprisonment.

3.2.2 The Relative Consistency of Medium and Short-Term Imprisonment
With regard to sentences according to the adult criminal law, more medium and long-term sentences are imposed today than at the beginning of the 70s. The extension of the sentence being impended on probation to areas of offenses that can be punished up to two years, merely resulted in a consistent number of unconditional prison sentences. The portion of prison sentences ordered in the verdict is today nearly as large as it was before the Criminal Law Reform: in 1960 2.1 % of the persons sentenced received prison sentences without probation of more than one year and in it was 2.6 %.
As from 1981, the statistics refer to the “persons sanctioned” (the persons who were either sentenced or whose proceedings were discharged in accordance with Sections 153, 153a, 153b of the Code of Criminal Procedure). This shows that the share of imposed prison sentences slightly decreased (1981: 11.7 %, 2004: 9.1 %). Since 1993, however, the share slightly increases. This is due to a significant decline in the portion of prison sentences of up to 12 months. The portion of prison sentences of more than 12 months remained constant in the 80s, since then, there was a slight increase (Figure 15).

3.3 The Increasing Significance of the Sentence Being Impended on Probation and Probation Service
Today the sentence being impended on probation is used as a rule. The portion of sentences being impended on probation according to Section 56 of the Penal Code more than doubled in the last 40 years (1954: 30.2 %, 67.2 %). Currently, three fourths (1996: 73.9 %) of sentences up to two years are suspended on probation. For prison sentences between one and two years the suspension on probation is the rule (2004: 71.1 %) rather than the exception – at least since the second half of the 80s (Figure 16).
Conditions and instructions are applied more and more. In 2004, 63.5 % of suspensions on probation had conditions attached, and 57.1 % had instructions attached. Very often it is made use of a probation officer to look after the sentenced person. However, the number of probation officers in the last few years did not increase as much as the number of people put on probation under the charge of a probation officer. This resulted in an increase of about 70 charges per probation officer.
Through the steady shift on informal sanctions and fines, there is an increasing number of “problematic cases” to which prison sentences and suspension on probation have to be applied. These “problematic cases” are persons who had already been sentenced at least once previously as well as persons who had already been placed under the supervision of a probation officer.
The data from the probation statistics show that the use of suspension on probation is successful, at least regarding the judicial decision of revocation or remission. There was no increase in the rate of revocation. Instead, there was a meaningful increase in the share of especially at-risk subjects (Figure 17) and a significant increase in the remission rate, namely, by those thought to be especially at risk (Figure 18). The suspension on probation is recalled in less than one fourth (1997: 31.3 %) of the cases according to the adult criminal law.

3.4 The Insignificance of the Further Non Custodial Sanctions – Refraining From Punishment and Admonition With Reservation to Impose Punishment
Both the refraining from punishment and the admonition with reservation to impose punishment that were carried out through the Criminal Law Reform of 1969 remain quantitatively meaningless. In 2004, 388 people were refrained from punishment (0.06 % of those sentenced). The number of admonitions with reservation to impose punishment has quintupled since 1975 (1975: 956 people with admonition; 2004: 6.642), but overall this sanction remained quantitatively meaningless in view of the simple means according to Section 153a of the Code of Criminal Procedure. In 1999, 5.194 people (0.8 % of those sentenced) received an admonition with reservation to impose punishment.

3.5 Pre-trial detention
Pre-trial detention is an infringement on the basic rights of the individual, that is legitimized through the goals of procedure and execution, and is limited by the principle of assumed innocence. Because of the infringement on the basic constitutional rights, the need for effective prosecution must be weighed against the right and claim to freedom of the individual. Pre-trial detention is not ordered when it is disproportionate to the significance of the matter and the punishment likely to be imposed (Section 122 paragraph 1 sentence 2 of the Code of Criminal Procedure).
The expectation that the rate of pre-trial detention would decrease parallel to the decrease in custodial sanctions was not fulfilled. The rate of pre-trial detention for persons sentenced according to adult criminal law remained constant; it was not until the middle of the 80s that the rate decreased significantly to 3.7 %, mostly under the influence of science and public debate; since 1990 it increased (1999: 5.0%), mainly as a reaction to crimes committed by foreigners (Figure 19). Only in the recent two years, the pre-trial detention rate has seen a moderate decline (2004: 4.0 %).
Of those having served time in pre-trail detention only every other adult convicted (2004: 52.9%) received a prison sentence without probation (Figure 20). A considerable portion of those convicted experience imprisonment in its most dissocializing form, i.e pre-trial detention.

 

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Figure 1: Penal Consequences

Penal Consequences (from the StGB)

Refrain from sentencing § 60

Warning reserving the possibility of sentencing §§ 59-59c 

Penalties 

Main penalties 

Custodial sentence § 38 

Sentence suspended on probation §§ 56-56g 

Unconditional custodial sentence  

Fine § 40 

Incidental penalties*)

Driving Ban § 44 

Conditions/Incidental consequences

Deprivation of the capacity to hold a public/elected office, and of the right to vote §§ 45ff 

Publication of the conviction §§ 165; 200 

Measures (§ 11 I Nr. 8) 

Measures for security and rehabilitation  

Custodial measures  

Commitment to a psychiatric ward § 63 

Commitment to an institution for the treatment of substance abuse § 64 

Commitment to protective custody § 66 

Non-custodial measures 

Parole supervision of conduct upon release §§ 68-68g 

Revocation of a Driver’s License §§ 69-69b 

Ban on practicing a profession §§ 70-70b 

Forfeiture §§ 73-73e 

Seizure §§ 74, 75 

Rendering Useless (of writings) § 74d

*) §43a StGB (confiscation of property) was declared incompatible with Art. 103 II GG by the BVerfG on 20.03.2002 -2BvR 794/95 (BVerfGE 105, 135ff)

 

 

[overview]

Figure 2: Penal Consequences (Juvenile Penal Law s)

Consequences (Juvenile Penal Law s)

Refrain from sentencing § 60 

Main penalties 

Corrective measures § 9 JGG 

Instructions § 10 JGG 

Parenting orders § 12 JGG 

Institutional correctional training § 12 JGG 

Disciplinary measures § 13 JGG 

Warning § 14 JGG 

Charges § 15 JGG
- Restitution
- Apology
- Labour
- Monetary sum

Youth detention § 16 JGG
- Break time detention
- Short-term detention
- Long-term detention

Youth custody § 17 JGG 

Suspension of a sentence § 27 JGG

in cases of youth custody due to destructive tendencies
Imposition of youth custody § 17 JGG due to:
- Destructive tendencies
- SEVERITY of the offence

Suspension on probation
- “Pre-probation” § 57 JGG
- “Judgment” probation § 21 JGG

Unconditional youth custody

Incidental penalties 

Driving Ban § 44 StGB 

Measures (§ 11 I Nr. 8) 

Measures for security and rehabilitation §§ 7 JGG, 61 ff StGB 

Custodial measures

  Commitment to a psychiatric ward § 63 

  Commitment to an institution for the treatment of substance abuse § 64 

Non-custodial measures

  Parole supervision of conduct upon release §§ 68-68g 

  Revocation of a Driver’s License §§ 69-69b 

Other measures

Forfeiture §§ 6 JGG, 73-73e StGB 

Seizure §§ 6 JGG, 74, 75 StGB 

Rendering Useless (of writings) §§ 6 JGG, 74d StGB

 

 

[overview]

 

 

c:\kidat\kisSV.prFigure 3: Total Development of Sanctioning Practice

Total Development of Sanctioning Practice
German Reich and Federal Republic of Germany, 1882-2003 (former West Germany and Berlin)
Proportions are of convictions under general and juvenile penal law

(white) Other
(green) Fine
(yellow) Conditional custodial sentences (probation/parole)
(red) Unconditional custodial sentences

Total convictions for crimes and misdemeanors
Not shown: death penalty (0.01-0.03%)
Total culpable offenders (until 1923: older than 12, since 27.2.1923: older than 14)

 

Figure 4: Informally and Formally Sanctioned Offenders, absolute values (Timeline)

Informally and Formally Sanctioned Offenders
Federal Republic of Germany, 1981-2004
Formally sanctioned offenders, proceedings dismissed with conditions/unconditionally in absolute values (in thousands)
Absolute values, in thousands

Discharge
(white) by the public prosecutor, unconditionally
(dotted) by the public prosecutor, with conditions

(striped) Discharge by the court
(black) Formally sanctioned offenders

 

 

Figure 5: Informally and Formally Sanctioned Offenders, as Percentages of the Total of Sanctioned Offenders

Informally and Formally Sanctioned Offenders
Federal Republic of Germany, 1981-2003 (former West German states)
Formally sanctioned offenders, proceedings dismissed with conditions/unconditionally (without Discharges under the BtMG [Controlled Substances Legislation]), in percentages out of the total of sanctioned offenders

Discharge
(white) by the public prosecutor, unconditionally
(light gray) by the public prosecutor, with conditions

(dark gray) Discharge by the court
(black) Formally sanctioned offenders (Convicted offenders: those sentenced under §§ 59, 60 StGB, §27 JGG)

 

Table 1: Judgments and Convictions under General Penal Law and under Juvenile Penal Law, 1976 – 2003, all offences
Former West Germany with West Berlin, since 1994 including East Berlin

$(Quelle c:\kidat\Abgeurteilte ab 1976.xls)

Year

Total judgements

Percent of judgments under general penal law out of total judgments

Percent of judgments under juvenile penal law out of total judgments

Total convictions

Percent of convictions out of total jugments

Percent of convictions under general penal law out of total judgments under general penal law

Percent of convictions under juvenile penal law out of total judgments under juvenile penal law

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

1976

839.679

83,2

16,8

699.339

83,3

84,8

76,0

1977

882.855

82,3

17,7

722.966

81,9

83,6

73,9

1978

917.532

81,0

19,0

739.044

80,5

82,6

71,7

1979

906.232

79,8

20,2

718.779

79,3

81,8

69,5

1980

928.906

79,1

20,9

732.481

78,9

81,6

68,5

1981

952.091

78,1

21,9

747.463

78,5

81,5

67,9

1982

981.083

77,6

22,4

772.194

78,7

81,8

68,1

1983

998.208

77,8

22,2

784.657

78,6

81,9

67,1

1984

966.339

78,9

21,1

753.397

78,0

81,3

65,4

1985

924.912

80,2

19,8

719.924

77,8

81,0

65,1

1986

908.652

81,7

18,3

705.348

77,6

80,4

65,1

1987

890.666

82,9

17,1

691.394

77,6

80,1

65,5

1988

903.211

83,5

16,5

702.794

77,8

80,3

65,0

1989

888.089

85,1

14,9

693.499

78,1

80,6

64,0

1990

878.305

86,1

13,9

692.363

78,8

81,3

63,3

1991

869.195

86,8

13,2

695.118

80,0

82,5

63,4

1992

883.056

87,3

12,7

712.613

80,7

83,1

64,2

1993

931.051

87,8

12,2

760.792

81,7

84,2

63,7

1994

936.459

87,7

12,3

765.397

81,7

84,5

62,2

1995

937.385

86,7

13,3

759.989

81,1

84,0

61,7

1996

944.324

86,2

13,8

763.690

80,9

83,9

62,2

1997

960.334

85,6

14,4

780.530

81,3

84,3

63,3

1998

974.187

85,1

14,9

791.549

81,3

84,4

63,3

1999

940.683

84,6

15,4

759.661

80,8

83,7

64,5

2000

908.261

84,0

16,0

732.733

80,7

83,7

64,7

2001

890.099

83,6

16,4

718.702

80,7

83,6

66,2

2002

893.005

82,8

17,2

719.751

80,6

83,6

66,1

2003

911.848

83,2

16,8

736.297

80,7

83,7

66,3

2004

958.259

83,6

16,4

775.802

81,0

83,7

67,1

Source: Statistisches Bundesamt (Hrsg.): Rechtspflege. Fachserie 10. Reihe 3: Strafverfolgungsstatistik 1976-2003

 

 

Table 2: Judgments under General Penal Law by Type of Decision, 1976-2003; all offences;
All former West German States including West Berlin, since 1995 including Berlin.

Year

Total judgments

Total convicted

Total not convicted.

Sentence of disciplinary measures without supervision

Acquittal with a sentence of disciplinary measures

Refrained from sentencing

Discharge of the proceedings without accompanying disciplinary measures

Acquittal without a sentence of disciplinary measures

 

Value

Value

in % of (1)

(4)

in % of
(1)

in % of
(1)

in % of
(1)

in % of (1)

in % of (4)

in % of
(1)

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1976

698.703

592.154

84,8

106.549

0,03

0,02

0,13

10,6

69,5

4,5

1977

726.375

607.307

83,6

119.068

0,03

0,01

0,08

11,8

71,9

4,5

1978

743.542

614.252

82,6

129.290

0,03

0,01

0,06

12,8

73,8

4,4

1979

723.247

591.543

81,8

131.704

0,03

0,02

0,06

13,7

75,0

4,4

1980

735.170

599.832

81,6

135.338

0,03

0,01

0,06

14,0

75,8

4,4

1981

743.788

605.946

81,5

137.842

0,03

0,01

0,05

14,3

77,3

4,1

1982

761.078

622.434

81,8

138.644

0,03

0,01

0,04

14,2

78,1

3,9

1983

776.655

636.105

81,9

140.550

0,03

0,01

0,05

14,3

78,8

3,7

1984

762.100

619.800

81,3

142.300

0,03

0,02

0,04

14,9

79,5

3,7

1985

741.861

600.798

81,0

141.063

0,03

0,01

0,05

15,1

79,6

3,8

1986

742.193

597.028

80,4

145.165

0,03

0,01

0,06

15,7

80,2

3,8

1987

737.932

591.321

80,1

146.611

0,03

0,01

0,04

16,0

80,4

3,8

1988

754.560

606.103

80,3

148.457

0,03

0,01

0,04

15,9

80,8

3,7

1989

755.367

608.548

80,6

146.819

0,04

0,01

0,07

15,8

81,1

3,6

1990

756.285

615.089

81,3

141.196

0,04

0,01

0,07

15,2

81,7

3,3

1991

754.420

622.390

82,5

132.030

0,05

0,01

0,09

14,3

81,6

3,1

1992

771.107

640.774

83,1

130.333

0,05

0,01

0,07

13,8

81,7

3,0

1993

817.044

688.128

84,2

128.916

0,04

0,01

0,05

12,9

82,0

2,7

1994

820.841

693.432

84,5

127.409

0,05

0,01

0,04

12,8

82,2

2,7

1995

813.055

683.258

84,0

129.797

0,04

0,01

0,06

13,1

81,9

2,8

1996

814.344

682.844

83,9

131.500

0,05

0,01

0,05

13,2

81,9

2,8

1997

821.706

692.723

84,3

128.983

0,06

0,00

0,07

12,9

82,0

2,7

1998

828.913

699.548

84,4

129.365

0,06

0,00

0,09

12,8

81,9

2,7

1999

795.483

666.059

83,7

129.424

0,06

0,00

0,08

13,4

82,4

2,7

2000

763.307

638.893

83,7

124.414

0,07

0,00

0,05

13,5

82,7

2,7

2001

744.122

622.027

83,6

122.095

0,08

0,00

0,06

13,6

82,8

2,7

2002

739.555

618.269

83,6

121.286

0,08

0,01

0,04

13,7

83,3

2,6

2003

758.667

634.735

83,7

123.932

0,07

0,00

0,04

13,6

83,0

2,7

2004

801.037

670.279

83,7

130.758

0,09

0,00

0,05

13,6

83,3

2,6

Source:        Statistisches Bundesamt (Hrsg.): Rechtspflege. Fachserie 10. Reihe 3: Strafverfolgungsstatistik 1976-2004.

 

 

 

Table 3: Judgments under Juvenile Penal Law by Type of Decision, 1976-2003; all offences
All former West German States including West Berlin, since 1995 including Berlin.

.

 

Total judgments

Total convicted

Total not convicted

Sentence of disciplinary measures without supervision

Transfer to Family Court

Total discharges of the proceedings


Of that: discharge under § 47 JGG

Acquittal

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

 

N

N

in % von (1)

N

in % von (1)

in % von (1)

in % von (1)

in % von (4)

in % von (1)

in % von (4)

in % von (1)

1976

140.976

107.185

76,0

33.791

0,03

0,04

20,8

86,8

15,8

66,0

3,1

1977

156.480

115.659

73,9

40.821

0,03

0,02

23,1

88,5

18,1

69,3

2,9

1978

173.990

124.792

71,7

49.198

0,02

0,02

25,4

89,7

20,3

71,9

2,9

1979

182.985

127.236

69,5

55.749

0,02

0,02

27,7

90,9

22,8

74,8

2,7

1980

193.736

132.649

68,5

61.087

0,02

0,01

29,0

91,8

24,4

77,4

2,5

1981

208.303

141.517

67,9

66.786

0,02

0,01

29,5

92,0

25,1

78,2

2,5

1982

220.005

149.760

68,1

70.245

0,01

0,02

29,7

92,9

25,4

79,6

2,2

1983

221.553

148.552

67,1

73.001

0,02

0,02

30,7

93,3

26,5

80,4

2,2

1984

204.239

133.597

65,4

70.642

0,01

0,01

32,3

93,5

26,3

76,0

2,2

1985

183.051

119.126

65,1

63.925

0,01

0,02

32,6

93,4

27,1

77,6

2,3

1986

166.459

108.320

65,1

58.139

0,02

0,02

32,6

93,2

28,2

80,7

2,3

1987

152.734

100.073

65,5

52.661

0,02

0,01

32,1

93,0

27,5

79,9

2,4

1988

148.651

96.691

65,0

51.960

0,01

0,01

32,6

93,2

27,6

78,9

2,4

1989

132.722

84.951

64,0

47.771

0,02

0,01

33,5

93,2

28,2

78,2

2,4

1990

122.020

77.274

63,3

44.746

0,02

0,02

34,3

93,5

28,7

78,4

2,4

1991

114.775

72.728

63,4

42.047

0,03

0,02

34,2

93,3

28,8

78,6

2,4

1992

111.949

71.839

64,2

40.110

0,02

0,01

33,4

93,3

28,3

78,9

2,3

1993

114.007

72.664

63,7

41.343

0,02

0,01

33,8

93,2

28,2

77,9

2,4

1994

115.618

71.965

62,2

43.653

0,03

0,01

35,3

93,5

29,6

78,3

2,4

1995

124.330

76.731

61,7

47.599

0,02

0,01

35,6

93,0

30,7

80,2

2,7

1996

129.980

80.846

62,2

49.134

0,02

0,03

35,3

93,5

30,5

80,6

2,4

1997

138.628

87.807

63,3

50.821

0,03

0,01

34,1

93,1

29,3

79,8

2,5

1998

145.274

92.001

63,3

53.273

0,02

0,02

34,3

93,5

29,7

81,1

2,4

1999

145.200

93.602

64,5

51.598

0,02

0,02

33,1

93,1

28,6

80,4

2,4

2000

144.954

93.840

64,7

51.114

0,02

0,02

32,7

92,8

28,6

81,0

2,5

2001

145.977

96.675

66,2

49.302

0,03

0,01

31,3

92,5

27,2

80,6

2,5

2002

153.450

101.482

66,1

51.968

0,02

0,01

31,1

91,7

26,9

79,3

2,8

2003

153.181

101.562

66,3

51.619

0,02

0,02

30,8

91,4

26,4

78,3

2,9

2004

157.222

105.523

67,1

51.699

0,03

0,10

30,1

91,4

26,1

79,5

2,7

Source:        Statistisches Bundesamt (Hrsg.): Rechtspflege. Fachserie 10. Reihe 3: Strafverfolgungsstatistik 1976-2004. $(Quelle: c:\kidat\Abgeurteilte ab 1976.xls)  

 

[overview]

Figure 6: Offenders Informally and Formally Sanctioned under General Penal Law

Offenders Informally and Formally Sanctioned under General Penal Law
Federal Republic of Germany, 1981-2003 (former West German states)
Formally sanctioned offenders, proceedings dismissed with conditions/unconditionally in absolute values (in thousands)
Absolute values, in thousands

(dotted) Sanctioned under § 153 unconditionally
(striped/dotted) Sanctioned under §§ 153, 153 b (Court) unconditionally
(hatched) Sanctioned under § 153 with conditions imposed
(striped) Sanctioned under § 153a (Court) with conditions imposed
(black) Formally Sanctioned

 

Figure 7: Development of Sentencing Practice under General Penal Law

Development of Sentencing Practice under General Penal Law
Percentages are of offenders sentenced under general penal law

(white – upper) Discharge by the public prosecutor
(white – lower) Discharge by the court
(red) Formally sanctioned offenders (percent)
(dotted) Fine
(striped) Suspended custodial sentences
(gray) Unconditional custodial sentences

 

Figure 8: Rates of Diversion (Public Prosecutor and Courts) under General Penal Law

Rates of Diversion (Public Prosecutor and Courts) under General Penal Law, 1981-2003
Proportions of Discharges by public prosecutors and courts under §§ 153, 13a, 153b StPO are of the informally and formally sanctioned

Mitte: mean average

 

$(Quelle Diversion_2004_ Grundtabelle.xls) Figure 9: Rates of Diversion (Public Prosecutor and Courts) under General Penal Law, by States, 2003

Rates of Diversion (Public Prosecutor and Courts) under General Penal Law, by States, 2003
Proportion of conditional/ unconditional discharges to those informally and formally sanctioned

(white) formall sanctioned
Diversion rate (in percent)
(dark grey) informally sanctioned with charges
(light grey) informally sanctioned without charge

 

[overview]

Figure 10: The Development of Sanctioning Practice under General Penal Law (Timeline)

The Development of Sanctioning Practice under General Penal Law (Timeline)
Convictions, Federal Republic of Germany 1950-2003 (former West German States and Berlin)
Absolute values

Thousands

(blue) Fine
Custodial Sentences
(grey) on probation
(dark grey) unconditional

 

Figure 11: Fines by Number of Days (Timeline)

Note: Fines under German Penal Law are calculated by the individual’s earnings on a per diem basis

Fines by Number of Days (Timeline)
Federal Republic of Germany 1975-2003
Proportions based on fines issued under General Penal Law

 

Figure 12: Fines by Amount of Per Diem Earnings (Timeline)

Fines by Amount of Per Diem Earnings (Timeline)
Federal Republic of Germany 1975-2003
Proportions based on fines issued under General Penal Law

Fines amounting to more than 360 days worth of per diem earnings are not included in the prosecution statistics.

 

[overview]

Figure 13: Length of Custodial Sentences Imposed under General Penal Law: Total Custodial Sentences (Timeline)

Length of Custodial Sentences Imposed under General Penal Law, 1970-2003
Total Custodial Sentences
Proportions based on all custodial sentences imposed under General Penal Law

(grey) >24 months
(navy) 12-24 months
(light blue) 6-12 months
(white) under 6 months

 

 

Figure 14: Length of Custodial Sentences Imposed under General Penal Law: Unconditional Custodial Sentences (Timeline)

Length of Custodial Sentences Imposed under General Penal Law, 1970-2004 Unconditional Custodial Sentences
Proportions based on all custodial sentences imposed under General Penal Law

(grey) >24 months
(navy) 12-24 months
(light blue) 6-12 months
(white) under 6 months

 

[Zurück zur Übersicht]

Figure 15: Length of Custodial Sentences Imposed under General Penal Law in Relation to All Individuals Sanctioned

Length of Custodial Sentences Imposed under General Penal, 1981-2004
Total Custodial Sentences
Proportions are in relation to those informally and formally sanctioned under General Penal Law

(red) >24 months
(blue) 12-24 months
(green) 6-12 months
(grey) under 6 months

 

[overview]

Figure 16: Suspension Rate of Custodial Sentences awarded under General Penal Law

Suspension Rate of Custodial Sentences awarded under General Penal Law, 1970-2004
Proportions in relation to the custodial sentences open to suspension

(blue) >12-24 months
(green) 6-12 months
(grey) under 6 months

Suspension rate
in percent, in relation to all custodial sentences open to suspension

 

Figure 17: Conditional Probations after Previous Conviction of the Probationer. Under General Penal Law

 

Previous conviction(s) and
(dark grey) - previously under probation/parole supervision
(grey) – previously without probation/parole supervision
(white) not previously convicted

Year probation ended
*since 1992 not including Hamburg

 

Figure 18: Probation supervision ended through probation of previously convicted probationers

(green) without previous convictions
(black) total
(blue) total previously convicted (including those under probation or parole supervision)
(red) previously under probation or parole supervision

Year probation ended
Federal Republic of Germany, since 1995 including all of Berlin, since 1992 not including Hamburg

 

 

 Figure 19a: Offenders Remanded in Custody under Juvenile Penal Law and under General Penal Law

Offenders Remanded in Custody under Juvenile Penal Law and under General Penal Law
Federal Republic of Gemany (the former West Germany and Berlin) 1975-2003. Rates are of offenders sentenced under juvenile penal law/ under general penal law

(blue) General penal law
(red) Juvenile penal law

General penal law
Juvenile penal law

Source: Konstanz Repository of Research on Crime and Sentencing at www.uni-konstanz.de/rtf/kis

 

 

Figure 19b: Offenders Remanded in Custody under Juvenile Penal Law and under General Penal Law

Offenders Remanded in Custody under Juvenile Penal Law and under General Penal Law
Federal Republic of Gemany (the former West Germany and Berlin) 1975-2003. Rates are of all offenders sentenced under juvenile penal law/ under general penal law

(blue) General penal law
(red) Juvenile penal law

General penal law
Juvenile penal law

Source: Konstanz Respoitory of Research on Crime and Sentencing at www.uni-konstanz.de/rtf/kis

 

 

Figure 20: Remanded Prisoners by Type of Sanction (General Penal Law) (Timeline)

Remanded Prisoners by Type of Sanction (General Penal Law)
Federal Republic of Germany 1975-2003
Rates are of all offenders sentenced under general penal law who were remanded in custody prior to sentencing

(white) Detention
(light grey) Fine
(grey) Conditional custodial sentence
(dark grey) Unconditional custodial sentence

Rate remanded in custody

 

Figure 21: Offenders Sentenced in Youth Court (Timeline)

Offenders Sentenced in Youth Court, 1955-2003
Absolute values of juveniles (14-18) and young adults (18-21) sentenced (under general and juvenile penal law) (absolute values, in thousands)

(white) Juveniles
(grey) Young Adults sentenced under Juvenile Penal Law
(dark grey) Young Adults sentenced under General Penal Law

until 1960 excluding Saarland and West Berlin

 

Figure 22: Under Juvenile Penal Law Informally and Formally Sanctioned Offenders

Under Juvenile Penal Law Informally and Formally Sanctioned Offenders
Offenders sentenced, persons discharged conditionally/unconditionally as absolute values (in thousands)

(grey) § 45 I, II new version (public prosecutor)
(white) § 45 III new version (public prosecutor)
(grey) § 47 JGG (Court)
(dark grey) Formally Sanctioned

*Offenders sentenced under juvenile penal law and persons with decisions under §27 JGG

 

Figure 23: The Application of Criminal Law to Young Adults (Timeline)

The Application of Criminal Law to Young Adults
Percentages of young adults sentenced under General and under Juvenile Penal Law, 1955-2003

(white) Young adults sentenced under Juvenile Penal Law
(grey) Young adults sentenced under General Penal Law

Former States including West Berlin, since 1995 including Berlin. Until 1960 excluding Saarland and West Berlin.

 

Figure 24: The Application of Criminal Law to Young Adults, by Offence

The Application of Criminal Law to Young Adults
Rates of young adults sentenced under Juvenile and under General Penal Law in 2004; by offence

Young adults sentenced under
(white) General Penal Law
(white) Juvenile Penal Law

I. Offences Against the Public Order
II. Sexual Offences
III. Offences Against the Person
1. 16 Offences Against Life
2. 17 Assault and Battery
IV. Theft and Appropriation
V. Robbery and Blackmail
VI. other Property Offences
VII. Offences Against Public Safety, Environmental Crimes
VIII. Traffic Offences
IX. Others

Total Offences
Total Offences excluding Traffic Offences

Offence Types I-IX and subtypes as dictated by the Criminal Proceedings Statistics. Former West German States and Berlin

 

[overview]

Figure 25: Diversion Rates (Public Prosecutor and Courts) under Juvenile Penal Law

Diversion Rates (Public Prosecutor and Courts) under Juvenile Penal Law, 1981-2004
Percent, in relation to the total of under juvenile penal law formally and informally sentenced offenders

(white) formally sanctioned
(blue) diversion rate (in percent)
diversion under
(dark grey) § 47 JGG
(grey) § 45 III JGG
(light grey) § 45 I, II JGG

 

Figure 26: Development of Sanctioning Practice in Juvenile Penal Law

Development of Sanctioning Practice in Juvenile Penal Law
BRD: The former West Germany (since 1995 including all of Berlin)
Percentages are of the total of informally and formally sanctioned juvenile offenders

§ 45 JGG, § 47 JGG: forms of diversion (administrative and judicial) permitted under the JGG (Juvenile Penal Code)
§ 27 JGG: a form of probation where the sentence is determined by the offender’s conduct in a time of pre-sentencing probation permitted under the (Juvenile Penal Code)

formell sanktioniert %: percentages formally sanctioned
Erziehungsmaßregeln/ambulante Zuchtmittel: (non-)custodial disciplinary actions or parenting orders
Jugendarrest: juvenile detention sentences
bed. (bedingte) Jugendstrafe: suspended juvenile custodial sentences
Unbedingte Jugendstrafe: juvenile custodial sentences without probation
Diversionsrate: rate of diversion

 

Figure 27: Rates of Diversion of German Youths (at the Time of the Decision-making) for Small Property Offences (§ 242, 247, 248a StGB are the only Offences) that were Dependant on Prior Convictions, by State (1994)

(white) First Recorded Offence
(light grey) Second Recorded Offence
(dark grey) Third and Higher Recorded Offence

Source: Data is from the Federal Central Registry and the Juvenile Registry, for decisions made in 1994. German youths (at the time of the decision-making), per decision (including numerous decisions made for the same offender)

 

 

Figure 28: Rates of Diversion (Public Prosecutor and Courts) in Juvenile Penal Law, 1981-2002. Rates of diversion by public prosecutor and by the courts under §§45, 47 JGG with respect to informally and formally sanctioned offenders, by State

 [C:\rfs2003\jobs\JGG1994-1.sps; C:\rfs2003\jobs\JGG1994-1.xls : [NEU EDALTJ<18 D] (GS) 29.03.2005 13:01:23] 

Diversion Rates ((Public Prosecutor and Courts) in Juvenile Penal Law, 1981-2002
Rates of diversion by public prosecutor and by the courts under §§45, 47 JGG with respect to informally and formally sanctioned offenders, by State

Hamburg: Data for §45 estimated for 1990; in 1984/1985 underestimated due to error
*Average, all States

 

 

Figure 29: Rates of Diversion in Juvenile Penal Law, by State

Rates of Diversion in Juvenile Penal Law, by State, 2003
Rates of diversion by public prosecutor and courts under §§ 45, 47 JGG with respect to the total of informally and formally sanctioned offenders

Diversion Rate Juvenile Penal Law
(dark grey) § 47 JGG (Court)
(grey) § 45 III
(light grey) § 45 I, II

*excluding SH
*excluding ST

Former States/ 4 New States

 

Figure 30: The Development of Sanctioning Practice under Juvenile Penal Law

The Development of Sanctioning Practice under Juvenile Penal Law
Formal sanctions, Federal Republic of Germany 1950-2003
Rates are of offenders sentenced under juvenile penal law

(dark gray) institutional correctional training
(white) noncustodial disciplinary actions / parenting orders
(dotted) noncustodial disciplinary measures as regulated by the JGG
(light hatched) suspended juvenile custodial sentences
(black) juvenile custodial sentences without probation
(dark hatched) juvenile detention sentences

Rate of custiodial treatment (youth prison without probation + youth dentention + residential welfare education)
Rate of suspension: youth prision sentence with probation

 

Figure 31: Non-custodial Sanctions under Juvenile Penal Law

Offenders Sentenced to Non-Custodial Sentences under Juvenile Penal Law
Federal Republic of Germany 1950-2003
Rates in relation to non-custodial sanctions as the harshest sentence

(white) non-custodial disciplinary actions/ parenting orders
(light grey) non-custodial disciplinary measures
(grey) conditional youth custod

[overview]

 

Figure 32: Offenders Sentenced under Juvenile Penal Law to Disciplinary Measures (Timeline)

(Total) Offenders Sentenced under Juvenile Penal Law to Disciplinary Measures
Federal Republic of Germany 1950-2003
Rates in relation to total disciplinary measures imposed

(dark grey) institutional correctional training
(light grey) parenting orders
(white) instructions

 

Figure 33: Offenders Sentenced to Disciplinary Measures under Juvenile Penal Law (Timeline)

(Total) Offenders Sentenced to Disciplinary Measures under Juvenile Penal Law
Federal Republic of Germany 1950-2003
Rates in relation to total disciplinary measures imposed

(white) Warning
(black) Conditions
(grey) Youth Detention

 

 

Figure 34: Offenders Sentenced to Conditions under Juvenile Penal Law (Timeline)

Offenders Sentenced to Conditions under Juvenile Penal Law
Federal Republic of Germany 1950-2003
Rates in relation to total conditions imposed as disciplinary measures

(pale yellow) Compensation
(yellow) Apology
(teal) Work service/ Apology
(green) Work service
(black) Fine

 

 

Figure 35: Offenders Sentenced to Youth Detention under Juvenile Penal Law (Timeline)

Offenders Sentenced to Youth Detention under Juvenile Penal Law (Timeline)
Federal Republic of Germany 1950-2003
Rates in relation to total Youth Detentions

(white) Break time detention
(grey) Short-term detention
(dark grey) Long-term detention

 

 

Figure 36: Length of Youth Sentences (Timeline)

Length of Youth Sentences Imposed under Juvenile Penal Law, 1950-2003
Total youth sentences; Rates in relation to total sentencing under Juvenile Penal Law

(white) indeterminate length
(lined) determinate length (length not specified)
(black) >24 months
(dark grey) 12-24 months
(grey) 6-12 months
(light grey) 6 months

 

 

Figure 37: Length of Youth Sentences (Timeline)

Length of Youth Sentences Imposed under Juvenile Penal Law, 1981-2004
Total youth sentences of a certain length. Rates in relation to under Juvenile Penal Law informally and formally sanctioned offenders.

(green) 6-12 months
(blue) 12-24 months
(grey) 6 months
(black) >24 months

 

Figure 38: Rates of Suspension of Juvenile Custodial Sentences

Rates of suspension of suspendible juvenile custodial sentences , 1960 .. 2003
Rates are of each length of suspendible juvenile custodial sentences

The percentages are of all suspendible juvenile custodial sentences

 

 

Figure 39: Probation/Parole Completed by Offenders with Previous Convictions

Previously convicted
(dark grey) and previously under probation/parole supervision
(grey) without probation/parole supervision
(white) no previous convictions

Year probation/parole completed
*since 1992 excluding Hamburg

 

 

Figure 40: Probation Supervision Ended Through Parole

Probation/Parole in percent

(green) no previous convictions
(black) total
(blue) all previously convicted (including probationary/parole sentences)
(red) previously convicted, probationary/parole sentences

Year probation/parole completed
Federal Republic of Germany (former States, since 1995 including Berlin); since 1992 excluding Hamburg

 

[overview]

Figure 41: Offenders Remanded in Custody, by Type of Sanction (Juvenile Penal Law)

Offenders Remanded in Custody, by Type of Sanction (Juvenile Penal Law)
Federal Republic of Germany 1975-2003
Percentages are of the total of offenders sentenced under juvenile penal law who were remanded in custody pending trial

(black): disciplinary actions / parenting orders
(white): disciplinary measures measures as regulated by the JGG
(light gray): suspended juvenile custodial sentences
(dark grey): juvenile custodial sentences without probation

Rate remanded in custod

 

[overview]

Figure 42: Length of Custodial Sentences Imposed under General and under Juvenile Penal Law


Juvenile Penal Law:
(pale pink) Youth detention
(pale pink) 6-12 months
(red) 12-24 months
(red) >24 months

General Penal Law
(pale blue) under 6 months
(pale blue) 6-12 months
(blue) 12-24 months
(blue) >24 months

General 2003 Juvenile
Penal Law

 

 

Figure 43: Custodial Sentenced under Juvenile and Under General Penal Law (Timeline)

(light blue) Total custodial sentences under 6 months
(blue) Conditional custodial sentences of 6 months and longer
(dark blue) Unconditional custodial sentences of 6 months and longer
(light red) Youth detention
(red) Conditional youth custody
(dark red) Unconditional youth custody

J: Juvenile Penal Law
A: General Penal Law

 

 

Figure 44: Length of Custodial Sentences Imposed under General and under Juvenile Penal Law (Timeline)

Length of Custodial Sentences Imposed under General and under Juvenile Penal Law 1981-2003

Total custodial sentences of over 6 months, excluding youth detentions of uncertain //UNDETERMINED length
Rates in relation to informally and formally sanctioned offenders

(dark blue) >24 months A
(blue) 12-24 months A
(light blue) 6-12 months A
General Penal Law

(dark red) >24 months J
(red) 12-24 months J
(light red) 6-12 months J
Juvenile Penal Law

J: Juvenile Penal Law
A: General Penal Law

 

[overview]

Figure 45: Prisioners in Western European States

Prisioners in Western European States
Total prisoners. Rates of imprisonment are per 100,000 inhabitants. As of: 1.9.2003

Iceland
Norway
Finland
Denmark
Switzerland
Ireland
Ireland
Sweden
Greece
Belgium
France
Germany
Austria
Italy
The Netherlands
Spain
Portugal
England & Wales


Table 4: Judgments Resulting in Custodial Sentences for Security and Rehabilitation, 1976 – 2004
Former West Germany with West Berlin, since 1995 including East Berlin








Year

Judgments



Total

Sentences including custodial measures
(col. 4, 7, 10)

Committed to

Psychiatric Ward

Rehabilitation Clinic

Secure custody


Total

Unfit to stand trial


Total

Unfit to stand trial

N

N

% von (1)

N

% von (2)

N

N

% von (2)

N

N

% von (2)

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1976

839.679

874

0,10

410

46,9

258

404

46,2

62

60

6,9

1977

882.855

869

0,10

389

44,8

201

429

49,4

49

51

5,9

1978

917.532

895

0,10

377

42,1

251

483

54,0

64

35

3,9

1979

906.232

984

0,11

370

37,6

229

570

57,9

50

44

4,5

1980

928.906

992

0,11

366

36,9

233

585

59,0

48

41

4,1

1981

952.091

956

0,10

395

41,3

232

504

52,7

33

57

6,0

1982

981.083

965

0,10

408

42,3

240

519

53,8

49

38

3,9

1983

998.208

968

0,10

420

43,4

268

521

53,8

49

27

2,8

1984

966.339

974

0,10

427

43,8

256

511

52,5

44

36

3,7

1985

924.912

990

0,11

425

42,9

267

526

53,1

43

39

3,9

1986

908.652

994

0,11

410

41,2

248

544

54,7

41

40

4,0

1987

890.666

1.040

0,12

391

37,6

235

610

58,7

47

39

3,8

1988

903.211

1.095

0,12

447

40,8

249

616

56,3

28

32

2,9

1989

888.089

1.086

0,12

428

39,4

252

631

58,1

56

27

2,5

1990

878.305

1.089

0,12

432

39,7

276

626

57,5

48

31

2,8

1991

869.195

1.236

0,14

474

38,3

324

724

58,6

72

38

3,1

1992

883.056

1.397

0,16

553

39,6

337

810

58,0

60

34

2,4

1993

931.051

1.304

0,14

467

35,8

307

810

62,1

79

27

2,1

1994

936.459

1.505

0,16

551

36,6

358

914

60,7

49

40

2,7

1995

937.385

1.361

0,15

559

41,1

345

757

55,6

28

45

3,3

1996

944.324

1.548

0,16

628

40,6

410

874

56,5

38

46

3,0

1997

960.334

1.901

0,20

739

38,9

464

1.116

58,7

46

46

2,4

1998

974.187

1.892

0,19

770

40,7

454

1.061

56,1

40

61

3,2

1999

940.683

1.955

0,21

709

36,3

466

1.191

60,9

43

55

2,8

2000

908.261

2.085

0,23

758

36,4

497

1.267

60,8

48

60

2,9

2001

890.099

2.234

0,25

790

35,4

512

1.370

61,3

52

74

3,3

2002

893.005

2.452

0,27

864

35,2

557

1.532

62,5

45

56

2,3

2003

911.848

2.585

0,28

876

33,9

536

1.643

63,6

34

66

2,6

2004

958.259

2.642

0,28

968

36,6

666

1.609

60,9

52

65

2,5

Change
1976-2004

 

 

 

 

 

 

 

 

 

 

 

in percent

14,1

202,3

 

136,1

 

 

298,3

 

 

8,3

 

Total

118.580

1.768

 

558

 

 

1.205

 

 

5

 

 

Source: Statistisches Bundesamt (publisher): Rechtspflege. Fachserie 10. Reihe 3: Strafverfolgung 1976-2004.

 


Table 5a: Offenders Convicted for Crimes or Misdemeanors and Sentenced to Custodial Security and Rehabilitative Measures, by Type of Offence. 
Former West Germany with Berlin 2004. Absolute values.

 

Total convicted

Sentenced to custodial measures

Total

Committed to a psychiatric ward

of that:
not culpable


Rehabilitation clinic


Secure custody

Total Offences

958.259

2.642

968

666

1.609

65

Sexual Offences (§§ 174-184b)

9.894

256

161

67

69

26

Offences against Life (excluding Traffic Offences) (§§ 211-222)

1.290

202

123

91

65

14

 - murder (§ 211)

171

13

8

4

4

1

 - attempted murder (§§ 211, 22)

123

30

15

13

10

5

 - manslaughter (§§ 212, 213)

514

157

100

74

49

8

Offences Against the Person (excluding Traffic Offences) (§§ 223-231)

97.970

577

325

261

250

2

 - battery (§ 224)

37.760

378

222

169

156

0

- actual or grievous bodily harm resulting in death (§ 227)

82

19

2

2

16

1

Theft and Appropriation (§§ 242-248c)

185.550

285

44

24

240

1

 - Burglary including home burglaries (§§ 243 I, 244 I Nr. 3)

19.892

157

28

16

128

1

 - Theft in other serious cases (§ 243 I Nr. 2-7)

6.612

23

3

1

20

0

 - Armed theft (§ 244 I 1)

1.933

24

3

2

21

0

 - Organised gang thefts (§ 244 I 2)

944

6

1

0

5

0

Robbery, Blackmail, Attacking a driver with intent to rob (§§ 249-255, 316a)

13.014

425

95

68

315

15

 - Robbery (§ 249)

3.816

76

30

22

44

2

 - Serious Robbery (§ 250)

2.201

125

20

11

99

6

 - Robbery resulting in death (§ 251)

25

0

0

0

0

0

Deception Offences and Dishonesty (§§ 263-266b)

165.029

63

20

12

40

3

Offences Against Public Safety (excluding Traffic Offences)
(§§ 306-323c [without § 316a])

5.726

223

140

95

81

2

Traffic

223.784

113

13

12

100

0

 

Source: Statistisches Bundesamt (publisher): Rechtspflege. Fachserie 10. Reihe 3: Strafverfolgungsstatistik 2004. Paragraphs (§) are of the StGB unless otherwise noted.

 


Table 5b: Offenders Convicted for Crimes or Misdemeanors and Sentenced to Custodial Security and Rehabilitative Measures, by Type of Offence. 
Former West Germany with Berlin 2004. (In percent of offenders convicted)

 

Total convicted

Sentenced to custodial measures
(in % of offenders convicted)

Total

Committed to a psychiatric ward

of that:
not culpable

Rehabilitation clinic

Secure custody

Total Offences

958.259

0,28

0,10

68,8

0,17

0,01

Sexual Offences (§§ 174-184b)

9.894

2,59

1,63

41,6

0,70

0,26

Offences against Life (excluding Traffic Offences) (§§ 211-222)

1.290

15,66

9,53

74,0

5,04

1,09

 - murder (§ 211)

171

7,60

4,68

50,0

2,34

0,58

 - attempted murder (§§ 211, 22)

123

24,39

12,20

86,7

8,13

4,07

 - manslaughter (§§ 212, 213)

514

30,54

19,46

74,0

9,53

1,56

Offences Against the Person (excluding Traffic Offences) (§§ 223-231)

97.970

0,59

0,33

80,3

0,26

0,00

 - battery (§ 224)

37.760

1,00

0,59

76,1

0,41

0,00

- actual or grievous bodily harm resulting in death (§ 227)

82

23,17

2,44

100,0

19,51

1,22

Theft and Appropriation (§§ 242-248c)

185.550

0,15

0,02

54,5

0,13

0,00

 - Burglary including home burglaries (§§ 243 I, 244 I Nr. 3)

19.892

0,79

0,14

57,1

0,64

0,01

 - Theft in other serious cases (§ 243 I Nr. 2-7)

6.612

0,35

0,05

33,3

0,30

0,00

 - Armed theft (§ 244 I 1)

1.933

1,24

0,16

66,7

1,09

0,00

 - Organised gang thefts (§ 244 I 2)

944

0,64

0,11

0,0

0,53

0,00

Robbery, Blackmail, Attacking a driver with intent to rob (§§ 249-255, 316a)

13.014

3,27

0,73

71,6

2,42

0,12

 - Robbery (§ 249)

3.816

1,99

0,79

73,3

1,15

0,05

 - Serious Robbery (§ 250)

2.201

5,68

0,91

55,0

4,50

0,27

 - Robbery resulting in death (§ 251)

25

0,00

0,00

0,0

0,00

0,00

Deception Offences and Dishonesty (§§ 263-266b)

165.029

0,04

0,01

60,0

0,02

0,00

Offences Against Public Safety (excluding Traffic)
(§§ 
306-323c [without § 316a])

5.726

3,89

2,44

67,9

1,41

0,03

Traffic

223.784

0,05

0,01

92,3

0,04

0,00

 

Source: Statistisches Bundesamt (publisher): Rechtspflege. Fachserie 10. Reihe 3: Strafverfolgungsstatistik 2004. Paragraphs (§) are of the StGB unless otherwise noted.


Table 6a: Non-cupable Convicted Offenders Sentenced to Security and Rehabilitative Measures, by Type of Offence.
Former West Germany inlcuding Berlin, 2004.

 

Convicted Offenders

Non-culpable Offenders

 

Total

of that:

Total

not committed

committed

committed to

N

in % of non-culpable convicted offenders

 

in % of non-culpable convicted offenders

Psychiatric Ward

in % of non-culpable convicted offenders

Rehabilitation Clinic

in % of non-culpable convicted offenders

 

(1)

(2)

(3)

(4)

(5)

(7)

(8)

(9)

(10)

(11)

(12)

Total Offences

958.259

0,1

906

188

20,8

718

79,2

666

73,5

52

5,7

Sexual Offences
(§§ 174-184b)

9.894

0,7

73

5

6,8

68

93,2

67

91,8

1

1,4

Offences against Life
(excluding Traffic
Offences) (§§ 211-222)

1.290

7,1

92

0

0,0

92

100,0

91

98,9

1

1,1

 - murder (§ 211)

171

2,3

4

0

0,0

4

100,0

4

100,0

0

0,0

 - attempted murder
(§§ 211, 22)

123

10,6

13

0

0,0

13

100,0

13

100,0

0

0,0

 - manslaughter
(§§ 212, 213)

514

14,6

75

0

0,0

75

100,0

74

98,7

1

1,3

Offences Against the
Person (excluding
Traffic Offences)
(§§ 223-231)

97.970

0,3

305

27

8,9

278

91,1

261

85,6

17

5,6

 - battery (§ 224)

37.760

0,5

194

11

5,7

183

94,3

169

87,1

14

7,2

- actual or grievous bodily
harm resulting in death
(§ 227)

82

3,7

3

1

33,3

2

66,7

2

66,7

0

0,0

Theft and Appropriation
(§§ 242-248c)

185.550

0,0

44

11

25,0

33

75,0

24

54,5

9

20,5

 - Burglary including
home burglaries
(§§ 243 I, 244 I Nr. 3)

19.892

0,1

20

1

5,0

19

95,0

16

80,0

3

15,0

 - Theft in other serious
cases
(§ 243 I Nr. 2-7)

6.612

0,1

4

0

0,0

4

100,0

1

25,0

3

75,0

 - Armed theft (§ 244 I 1)

1.933

0,2

3

1

33,3

2

66,7

2

66,7

0

0,0

 - Organised gang thefts
(§ 244 I 2)

944

0,0

0

0

0,0

0

0,0

0

0,0

0

0,0

Robbery, Blackmail,
Attacking a driver with
intent to rob
(§§ 249-255, 316a)

13.014

0,6

77

2

2,6

75

97,4

68

88,3

7

9,1

 - Robbery (§ 249)

3.816

0,6

22

0

0,0

22

100,0

22

100,0

0

0,0

 - Serious Robbery
(§ 250)

2.201

0,5

12

1

8,3

11

91,7

11

91,7

0

0,0

 - Robbery resulting in
death (§ 251)

25

0,0

0

0

0,0

0

0,0

0

0,0

0

0,0

Deception Offences and
Dishonesty
(§§ 263-266b)

165.029

0,0

17

5

29,4

12

70,6

12

70,6

0

0,0

Offences Against Public
Safety (excluding
Traffic Offences)
(§§306-323c [without
316a])

5.726

3,0

173

68

39,3

105

60,7

95

54,9

10

5,8

Traffic Offences

223.784

0,0

72

56

77,8

16

22,2

12

16,7

4

5,6

Source: Statistisches Bundesamt (publisher): Rechtspflege. Fachserie 10. Reihe 3: Strafverfolgungsstatistik 2004 - Paragraphs (§) are of the StGB unless otherwise noted.


Table 6b: Semi-cupable Convicted Offenders Sentenced to Security and Rehabilitative Measures, by Type of Offence.
Former West Germany inlcuding Berlin, 2004.

 

Convicted Offenders

Semi-culpable Offenders

Total


of that:

Total

not commited

commited

committed to

N

in % of non-culpable convicted offenders

N

in % of non-culpable convicted offenders.

Psychiatric Ward

in % of non-culpable convicted offenders

Rehabilitation Clinic

in % of non-culpable convicted offenders

Secure custody

in % of non-culpable convicted offenders

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

Total Offences

958.259

2,11

20.234

19.175

94,8

1.059

5,2

299

1,5

749

3,7

11

0,1

Sexual Offences (§§ 174-184b)

9.894

5,73

567

433

76,4

134

23,6

94

16,6

36

6,3

4

0,7

Offences against Life (excluding Traffic Offences)
(§§ 211-222)

1.290

15,97

206

128

62,1

78

37,9

32

15,5

42

20,4

4

1,9

 - murder (§ 211)

171

8,77

15

8

53,3

7

46,7

4

26,7

3

20,0

0

0,0

 - attempted murder
(§§ 211, 22)

123

15,45

19

13

68,4

6

31,6

2

10,5

2

10,5

2

10,5

 - manslaughter (§§ 212, 213)

514

32,30

166

102

61,4

64

38,6

26

15,7

36

21,7

2

1,2

Offences Against the Person (excluding Traffic Offences) (§§ 223-231)

97.970

5,48

5.367

5.173

96,4

194

3,6

62

1,2

131

2,4

1

0,0

 - battery(§ 224)

37.760

6,16

2.327

2.199

94,5

128

5,5

52

2,2

76

3,3

0

0,0

- actual or grievous bodily harm resulting in death (§ 227)

82

36,59

30

19

63,3

11

36,7

0

0,0

10

33,3

1

3,3

Theft and Appropriation (§§ 242-248c)

185.550

2,85

5.280

5.134

97,2

146

2,8

20

0,4

126

2,4

0

0,0

 - Burglary including home burglaries (§§ 243 I, 244 I Nr. 3)

19.892

6,69

1.331

1.251

94,0

80

6,0

12

0,9

68

5,1

0

0,0

 - Theft in other serious cases (§ 243 I Nr. 2-7)

6.612

7,83

518

504

97,3

14

2,7

2

0,4

12

2,3

0

0,0

 - Armed theft (§ 244 I 1)

1.933

12,26

237

226

95,4

11

4,6

1

0,4

10

4,2

0

0,0

 - Organised gang thefts
(§ 244 I 2)

944

3,50

33

28

84,8

5

15,2

1

3,0

4

12,1

0

0,0

Robbery, Blackmail, Attacking a driver with intent to rob (§§ 249-255, 316a)

13.014

8,33

1.084

876

80,8

208

19,2

26

2,4

180

16,6

2

0,2

 - Robbery (§ 249)

3.816

7,13

272

243

89,3

29

10,7

8

2,9

21

7,7

0

0,0

 - Serious Robbery (§ 250)

2.201

10,04

221

152

68,8

69

31,2

9

4,1

58

26,2

2

0,9

 - Robbery resulting in death (§ 251)

25

16,00

4

4

100,0

0

0,0

0

0,0

0

0,0

0

0,0

Deception Offences and Dishonesty
(§§ 263-266b)

165.029

0,39

649

623

96,0

26

4,0

8

1,2

18

2,8

0

0,0

Offences Against Public Safety (excluding Traffic Offences) (§§ 306-323c [without § 316a])

5.726

6,10

349

274

78,5

75

21,5

45

12,9

30

8,6

0

0,0

Traffic Offences

223.784

1,28

2.867

2.834

98,8

33

1,2

1

0,0

32

1,1

0

0,0

 

Source: Statistisches Bundesamt (publisher): Rechtspflege. Fachserie 10. Reihe 3: Strafverfolgungsstatistik 2003. Paragraphs (§) are of the StGB unless otherwise noted.

 

[overview]

Table 7: Revocation of Driver’s Licence and Driving Bans Due to Traffic Offences
Former West Germany with Berlin-West, since 1994 including Berlin-East

 

Judgments on Traffic Offences

Revocation of Driver’s Licence/ Driving Bans






(2) in % of (1)

Revocation of Driver’s Licence

Driving Ban

% / (2)

Revocation and additional ban

% / (1)

Judgments on traffic offences

For more than 6 months % /Revocation of Driver’s Licence

% / (1)

1 month % / driving ban

>1 to 2 months % / driving ban

>2 to 3 months % / driving ban

Year

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1976

351.574

 183 751

52,3

89,0

46,5

68,7

6,5

30,1

23,2

46,7

1977

374.538

 198 214

52,9

88,6

46,9

69,2

7,0

30,7

22,9

46,5

1978

387.581

 206 869

53,4

88,2

47,1

69,4

7,3

29,8

22,5

47,7

1979

381.314

 203 272

53,3

87,4

46,6

70,2

8,0

29,2

21,9

48,9

1980

392.184

 215 057

54,8

86,2

47,3

71,0

9,0

27,0

19,9

53,1

1981

385.595

 213 307

55,3

85,2

47,1

71,3

9,8

26,1

19,4

54,5

1982

373.189

 213 210

57,1

84,0

48,0

72,5

10,9

23,8

18,9

57,2

1983

365.742

 214 832

58,7

83,7

49,1

74,1

11,4

23,2

18,3

58,4

1984

343.235

 206 413

60,1

83,2

50,0

74,9

12,1

23,5

17,6

58,9

1985

318.797

 196 082

61,5

83,0

51,1

74,7

12,4

23,3

17,8

59,0

1986

309.334

 190 242

61,5

83,6

51,4

74,5

12,0

23,2

17,6

59,2

1987

301.403

 185 909

61,7

83,5

51,5

74,9

12,1

24,5

17,7

57,8

1988

303.725

 189 839

62,5

83,7

52,3

75,9

12,1

24,6

17,7

57,7

1989

302.033

 190 696

63,1

84,2

53,2

76,3

11,7

24,4

17,4

58,2

1990

301.967

 194 232

64,3

84,5

54,4

76,7

11,6

24,3

17,7

58,0

1991

302.242

 200 015

66,2

85,4

56,5

75,3

11,1

24,3

17,9

57,8

1992

299.783

 195 486

65,2

85,6

55,8

74,1

10,7

24,4

17,2

58,3

1993

299.253

 193 035

64,5

85,5

55,2

75,4

10,7

24,7

16,8

58,5

1994

298.928

 194 309

65,0

86,3

56,1

75,7

10,1

25,1

16,1

58,7

1995

298.010

 192 542

64,6

86,1

55,6

76,7

10,2

25,8

16,0

58,3

1996

286.727

188.016

65,6

85,3

55,9

77,3

11,0

27,1

16,3

56,5

1997

282.490

188.723

66,8

85,2

56,9

77,9

11,2

27,8

16,6

55,6

1998

267.957

179.070

66,8

84,5

56,4

79,0

11,7

27,4

15,7

56,9

1999

243.426

161.814

66,5

83,6

55,6

79,1

12,4

28,2

16,5

55,3