Book contents
- Frontmatter
- Dedication
- Contents
- Acknowledgements
- Remerciements
- PART I INTRODUCTORY SYNTHESIS AND ANALYSES 1ÈRE PARTIE. SYNTHÈSE ET ANALYSES INTRODUCTIVES
- PART II THEMES 2ÈME PARTIE. THÈMES
- PART III NATIONAL REPORTS 3ÈME PARTIE. RAPPORTS NATIONAUX
- Overuse in the Criminal Justice System in Argentina
- Le recours au système de justice pénale en Belgique: état des lieux et perspectives
- Overuse of Criminal Law in Finland
- Overuse in the Criminal Justice System in Germany
- Overuse in the Criminal Justice System in Greece
- Overusing the Criminal Justice System: the Case of Ireland
- Overuse in the Criminal Justice System in Japan
- Tendencies of Overuse in Criminal Law Policy and Criminal Law Enforcement in the Netherlands
- Overuse in the Criminal Justice System in New Zealand
- Overuse in the Criminal Justice System in Nigeria
- Overuse in the Criminal Justice System in Poland
- Overuse in the Russian Criminal Justice System
- Overuse in the Criminal Justice System in Spain
- Recourt-on de manière excessive au système pénal en Suisse?
- Overuse of the Criminal Justice System in Taiwan
- Overuse and Underuse of the United States Criminal Justice System in the Area of Business Crimes
- The International Penal and Penitentiary Foundation: history and purpose
- La Fondation internationale pénale et pénitentiaire: histoire et objectif
- The IPPF Series
Overuse in the Criminal Justice System in Germany
from PART III - NATIONAL REPORTS 3ÈME PARTIE. RAPPORTS NATIONAUX
Published online by Cambridge University Press: 26 June 2019
- Frontmatter
- Dedication
- Contents
- Acknowledgements
- Remerciements
- PART I INTRODUCTORY SYNTHESIS AND ANALYSES 1ÈRE PARTIE. SYNTHÈSE ET ANALYSES INTRODUCTIVES
- PART II THEMES 2ÈME PARTIE. THÈMES
- PART III NATIONAL REPORTS 3ÈME PARTIE. RAPPORTS NATIONAUX
- Overuse in the Criminal Justice System in Argentina
- Le recours au système de justice pénale en Belgique: état des lieux et perspectives
- Overuse of Criminal Law in Finland
- Overuse in the Criminal Justice System in Germany
- Overuse in the Criminal Justice System in Greece
- Overusing the Criminal Justice System: the Case of Ireland
- Overuse in the Criminal Justice System in Japan
- Tendencies of Overuse in Criminal Law Policy and Criminal Law Enforcement in the Netherlands
- Overuse in the Criminal Justice System in New Zealand
- Overuse in the Criminal Justice System in Nigeria
- Overuse in the Criminal Justice System in Poland
- Overuse in the Russian Criminal Justice System
- Overuse in the Criminal Justice System in Spain
- Recourt-on de manière excessive au système pénal en Suisse?
- Overuse of the Criminal Justice System in Taiwan
- Overuse and Underuse of the United States Criminal Justice System in the Area of Business Crimes
- The International Penal and Penitentiary Foundation: history and purpose
- La Fondation internationale pénale et pénitentiaire: histoire et objectif
- The IPPF Series
Summary
INTRODUCTION
In 2016, the case of the satirist Jan Böhmermann has opened a lively public controversy on criminalization, concerning the rarely used offence “defamation of organs and representatives of foreign states” according to section 103 German Criminal Code. In his television broadcast Jan Böhmermann read a satirical poem under the title “abusive criticism” on the Turkish State president Recep Tayyip Erdoğan. The government of Turkey as well as the State president reported to the Criminal Investigation Department or to the Public Prosecution Office and the German Chancellor Angela Merkel gave authorization to the prosecution (sec. § 104a German Criminal Code). Hence, the views on this subject have been divided, strong support has been shown for the abolition of this ‘majesty’ offence. Even the German Chancellor announced a bill of the German government to abolish section 103 German Criminal Code. Despite this special offence and this special case, the overuse of criminalization appears more significant concerning minor volume offences, like shoplifting and non-payment of fare. Recently, violations of laws applying to foreigners also gain importance, because of the migration of refugees.
OVERUSE OF CRIMINALIZATION
Criminalization is often connected with principles and moral values that change over times. This applies, in particular, to offences against sexual selfdetermination. Nowadays, a liberal understanding of sexual morals dominates and experiences its limits in socially damaging cases in order to ensure sexual intercourse without force. Well-known examples of this change in moral values are the decriminalization of the homosexual orientation of men at the age of 21 years and the abolition of adultery in 1969. In contrast to this, male exhibitionism is still punishable according to sec. 183, paragraph 1 German Criminal Code. Against the backdrop of empirical findings the threat posed by male exposure is questionable.
Though prostitution usually is not criminalized, an exception is unlawful prostitution in section 184f German Criminal Code. The offence refers to prostitutes who persistently contravene a prohibition enacted by ordinance against engaging in prostitution in particular places at all or during particular times of the day. The Federal Constitutional Court rejected a violation against the principle of clarity in law according to Article 103, paragraph 2 German Basic Law and upheld the statute as constitutional.
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- Overuse in the Criminal Justice SystemOn Criminalization, Prosecution and Imprisonment, pp. 333 - 362Publisher: IntersentiaPrint publication year: 2019