Prison Reform in Germany. 1933

Abstract

While the German Republic was experiencing the travail of a new-born country torn socially, politically, and economically and living through a revolution and the disrupting effects of its inflation (1923), a few progressive spirits in the various Ministries of Justice succeeded in putting through a series of radical measures. This was possible because the attention of the parliaments and the press was fixed upon what they considered to be the major economic and political problems of the time. Revolutionary periods are favorable times for reform since the proposed measures are not dependent upon the will of conservative and slow-moving parliaments. Under similar circumstances, however, reaction can also follow. The type of leader will determine the character of the law. The past fifteen years in Germany illustrate both points of view. Until 1932 the members of the several ministries of justice were progressive. Under Herr Hitler the progressive elements in Germany's penal administration have been all but extirpated. A brief description of several important reformatory measures of the past years is necessary for an understanding of what has happened in the past year. The present German Reich Penal Code took effect in 1871. It was not altered in any radical respect until 1923 when the first juvenile delinquency law in Germany was established, and when the law permitting extensive use of money fines went into effect in 1924. The juvenile deliquency law changes the character of the proceedings against children between the ages of 14-18 from criminal to social protection. The present proceedings are analogous to the American form of juvenile delinquency hearings, that is, they are equitable in character. The 1924 law relating to money fines permits the court to impose such fine in place of the short term of imprisonment provided for numerous minor offenses and misdemeanors. The student