Residence restriction

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The residence restriction was a secondary punishment provided for in the GDR Criminal Code since 1968 (Section 51 of the GDR StGB) , which could be imposed in addition to a prison sentence.

With the residence restriction, the perpetrator could be prohibited from staying in certain places (place of residence or crime, districts and large cities). According to Section 52 of the German Criminal Code, the residence restriction was limited to a period of two to five years, but in exceptional cases could also be imposed for an unlimited period. The residence restriction could be shortened retrospectively by the court with good conduct.

The sentencing to a residence restriction presupposed in principle that this measure was necessary to protect the social order or the security of the citizens. Two criminal offenses explicitly provided for the imposition of a residence restriction without any preconditions as a discretionary decision of the judge: § 123 StGB-DDR (exploitation and promotion of prostitution ) and § 249 StGB-DDR (endangerment of public order through anti-social behavior).

The violation of the court-ordered residence restriction was punishable under Section 238 of the German Criminal Code. The penalty in this case was imprisonment for up to two years or a fine. The violation could lead to the revocation of probation.

In addition to the court-imposed residence restriction, this measure could also be imposed preventively as a measure to avert danger , according to the ordinance on residence restrictions of August 24, 1961 , without there being any suspicion of a criminal offense. After the construction of the wall , the ordinance served to justify forced relocations in Aktion Kornblume . In 1976, the regime critic Robert Havemann was sentenced to house arrest on the basis of this provision, grossly overstretching the unequivocal wording of the law.

literature

  • Irene Sagel-Grande: The development of sanctions without imprisonment in the criminal law of the GDR. In: Strafrechtliche Abhandlungen, Volume 11, Duncker & Humblot, Berlin (West) 1972, ISBN 3428426800 , pp. 204–212

Individual evidence

  1. ↑ Michael Schwartz: Sven Korzilius: "Asocial" and "Parasites" in the law of the SBZ / GDR review. sehepunkte 2007, accessed February 9, 2018
  2. ↑ Journal of the GDR II No. 55 p. 343
  3. ↑ Campaign Kornblume: Forced Resettlements in the GDR NDR , July 28, 2009