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The Research on the System of the Correction and Security Measures in Germany

Author: ZhaoGuanNan
Tutor: LiuJian
School: Hunan Normal University
Course: Criminal Law
Keywords: German Security Punishment History of development Applicable to the status quo
CLC: DD914
Type: Master's thesis
Year: 2011
Downloads: 110
Quote: 0
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Abstract


Liszt in 1882 in the article \The system with the traditional penalty means the coexistence among German criminal punishment system, the formation of a \The purely retributive penalty helpless in the face of the deteriorating situation of public order in Binding represented by classical school of the German Criminal insisted is just proof of Liszt for the modern school of German Criminal advocated purpose the necessity and reasonableness of the penalty \The theory of \Security Measure System and punitive measures, positioning in the value of the specific system settings, and applies to the pursuit of goals there is a huge difference in general the penalty measures do not exist legitimacy questioned, but at the same time the German security Security Measure System in criminal theory to demonstrate the purpose is to make the security system of disciplinary actions, not to the positioning of the penalty, but the point of view of security sanction their legitimate penalty system of \sex. German security system of disciplinary actions including six security disciplinary measures stipulated by the German Penal Code. Security Measure System pursued forcefully from the angle of specific crime prevention effective overall objective of the fight against crime, under the guidance of the specific security disciplinary measures applicable to pursue the emphases vary the criminal policy purposes. However, the realization of the six Security and Disciplinary measures to prevent crime criminal policy purposes are based on the \the extent of security adapted disciplinary measures. In the Court of the perpetrator sentenced Security disciplinary measures, in principle, should be through a full court trial procedures. Before finalize the perpetrator sentenced Security Measure, the court needs to be absolutely sure that the personal circumstances of the behavior of people has been completely meet formally return the Penal Code as well as the substantive conditions. Decision and decided the relationship between form and substance, there are substantive conditions to determine the conditions of form, the form of conditions which are really conclusive evidence on the real conditions. Regardless of the the court the perpetrator punishable security disciplinary measures, are required to have the perpetrator with a considerable degree of dangerousness of the person, that the perpetrator of crime is likely to continue in the future, the substantive conditions imposed disciplinary measures in the entire security danger to society and perform process, the behavior of people and their Dangerousness is always the most important concern of the court as well as the executive organ. In the implementation process, if the perpetrator Dangerousness eliminated or significantly reduced in extent, the court shall decide on the stay of execution of the security disciplinary measures imposed on the perpetrator or to declare the end of the execution in advance. This shows that, regardless of the perpetrator sentenced Security disciplinary measures, decided to no longer perform security disciplinary measures, they were all by the behavior of people Dangerousness determined by its specific measures to implement security actions. At the same time, because the perpetrator Dangerousness largely refers to the perpetrator from committing further crimes harmful to society, so in the regulations, sentenced and the whole process of the implementation of the measures of the Security Measures, or the kernel of the whole security system of disciplinary actions is the perpetrator measure and the final balance between the personal interests of deprivation and social protection of the public interest, the ideal state of security sanctions regime applies also should be to minimize the infringement of personal rights and interests, to achieve the purpose of the protection of social and public interests.

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