Section 249 of the GDR Criminal Code
The § 249 of the Criminal Code of the GDR presented " threat to public order by anti-social behavior " is punishable.
Legal historical context
Section 361 of the RStGB from 1871 was taken literally from the Prussian penal code of 1851. According to § 361 RStGB could be punished with detention,
3. who travels around as a tramp;
4. Whoever begs or instructs or sends children to beg, or fails to discourage people who are subject to his authority and supervision and who belong to his household from begging; [...]
7. Anyone who, when receiving support from poor public funds, refuses, out of work reluctance, to do the work instructed by the authorities to do his work appropriate to his strength.
The National Socialists used this legal tradition as a basis for the kidnapping and murder of so-called anti-socials. The anti-social policy of the Nazi dictatorship after 1945 did not lead to a radical break with social prejudices and political concepts in East Germany. Labor camps and similar institutions in the GDR were supposed to have a deterrent effect in suppressing “strolling around” and “refusing to work”.
Convictions
The highest number of convictions of "anti-social" was in 1973 with 14,000 cases. Among the GDR prisoners, those convicted of labor education made up the largest group. In 1975 there were over 11,300 (27%). The constant overcrowding of the relevant facilities made socio-educational work considerably more difficult. The prevailing view was that work education should be achieved through the most difficult physical labor.
Original wording
(1) Anyone who endangers the social coexistence of citizens or public order by stubbornly avoiding regular work out of work reluctance, although he is able to work, or who engages in prostitution or who obtains means of subsistence in another unfair way, becomes punished with conviction on probation or with imprisonment, work education or with imprisonment for up to two years. In addition, residence restrictions and state control and educational supervision can be recognized.
(2) In minor cases, measures of criminal liability can be dispensed with and state control and educational supervision can be recognized.
(3) If the perpetrator has already been punished according to paragraph 1 or because of a crime against the personality, youth and family, socialist, personal or private property, general security or the state order, a labor education or imprisonment of up to five years can be recognized become.
Changes from April 7, 1977
By law of April 7, 1977, the word “work education” in paragraph 1 and the words “work education or” in paragraph 3 have been deleted.
New version dated June 28, 1979
By law of June 28, 1979, Section 249 was revised as follows:
§ 249. Impairment of public order and security through anti-social behavior.
(1) Anyone who interferes with the social coexistence of citizens or public order and security by avoiding regular work out of work shyness, although he is able to work, is punished with a suspended sentence, imprisonment or a prison sentence of up to two years.
(2) Anyone who engages in prostitution or otherwise adversely affects public order and security through an asocial way of life will also be punished.
(3) In minor cases, measures of criminal liability can be dispensed with and state control and educational supervision can be recognized.
(4) If the offender has already been punished according to paragraph 1 or 2 or because of a crime, imprisonment of up to five years can be recognized.
(5) In addition, it can be recognized that there is a restriction on residence and that there is state control and supervision of upbringing.
Changes
By law of December 14, 1988, Section 249 (4) was repealed.
Article 249 was repealed by the contract dated May 18, 1990 .
By law of June 29, 1990, Section 249 was repealed again.
literature
- Sven Korzilius: "Asocial" and "Parasites" in the law of the Soviet Zone / GDR. Marginal groups in socialism between repression and exclusion (= work on the history of the law of the GDR; vol. 4), Cologne / Weimar / Vienna: Böhlau 2005. ISBN 978-3-412-06604-8