No News Is Good News: Criminal Sentencing in Germany since 2000

IF 3.6 2区社会学 Q1 CRIMINOLOGY & PENOLOGY

Crime and Justice-A Review of Research Pub Date : 2016-06-22 DOI:10.1086/686041

Thomas Weigend

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引用次数: 6

Abstract

Sentencing practice in Germany has long been stable, reflecting slightly falling crime rates. Public prosecutors dismiss the majority of cases that the police file with them as “cleared.” In a significant percentage of provable cases, prosecutors demand a penance payment of suspects in exchange for dismissal; many others are dismissed without any consequence for the suspect. Criminal courts dispose of more than half of cases in a written procedure, routinely accepting the sentence proposals of prosecutors. A growing number of trials result in “bargained” sentences, that is, sentences agreed on among the judge and the parties. Sentence severity in Germany is generally low. Life sentences are exceptional, and release on parole is available. Overall, only 5 percent of convicted offenders must serve a prison sentence. Another 12 percent receive a suspended prison sentence, and the rest are fined. German society at present does not appear to regard crime and criminal justice as pressing problems. Operating in the shadow of the public interest, agents of criminal justice can pursue a fairly liberal and rational course.

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没有消息就是好消息:2000年以来德国的刑事判决

德国的量刑实践长期以来一直稳定，反映出犯罪率略有下降。检察官驳回了警方提交给他们的大多数案件，称其为“已清除”。在很大比例的可证明案件中，检察官要求对嫌疑人支付补偿金以换取解雇;还有许多人被解雇，对嫌疑人没有任何后果。刑事法院以书面程序处理一半以上的案件，通常接受检察官的量刑建议。越来越多的审判导致“讨价还价”判决，即法官和当事人商定的判决。德国的量刑通常较轻。终身监禁是例外情况，也可以假释。总的来说，只有5%的罪犯必须服刑。另有12%的人被判缓刑，其余的人被罚款。德国社会目前似乎并不把犯罪和刑事司法视为紧迫问题。在公共利益的阴影下，刑事司法人员可以追求一个相当自由和理性的过程。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Crime and Justice-A Review of Research CRIMINOLOGY & PENOLOGY-

CiteScore

5.60

自引率

0.00%

发文量

期刊介绍： Crime and Justice: A Review of Research is a refereed series of volumes of commissioned essays on crime-related research subjects published by the University of Chicago Press. Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.