Die gesetzlichen Bestimmungen des Jugendstrafrechts der DDR ab 1968. (English shop)

Verbunden mit einem rechtsvergleichenden Ausblick auf das Jugendgerichtsgesetz der Bundesrepublik.

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The examination of the GDR’s juvenile criminal law after 1968 reveals the critical, but also noteworthy, provisions of this field of GDR law. The essential key points, as well as the differences from the juvenile criminal law of the Federal Republic of Germany, are summarised in what follows: through the incorporation of juvenile criminal law into the general criminal law of the GDR, an “equation” of juvenile and adult criminality was carried out. The reason for this was seen in the fact that, for the formation of a unified socialist consciousness, there could no longer be separate paths for adults and juveniles. Nevertheless, consideration was to be given to the stage of development in which the juveniles found themselves. Through the reform, educational influence in criminal proceedings against juveniles was to be directed individually at the personality of the juvenile and reintegration into society was to be made possible. In this way, the educational principle was to return to its original meaning – away from the form it had taken in the JGG of 1952. The educational principle and its significance for juvenile criminal law is likewise a comprehensive topic of debate in the currently ongoing criminal policy discussion, since its abolition is being demanded. In view of the significant and formative influence of the educational principle on juvenile criminal law, this cannot be endorsed. Nor can the comparison with the juvenile criminal law of the GDR give rise to any other view.