Customs Criminal Law

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Basic data
Title: Law against dangerous habitual criminals and on measures of security and reform
Short title: Customs Criminal Law (not official)
Type: Imperial Law
Scope: German Empire
Legal matter: Criminal law
Issued on: November 24, 1933 ( RGBl. I p. 995)
Entry into force on: January 1, 1934
Please note the note on the applicable legal version.
Published in the Reichsgesetzblatt on November 27, 1933

The law against dangerous habitual criminals and on measures for security and reform , enacted at the time of the Nazi regime , contains an extensive processing of the Reich Criminal Code with the introduction and revision of various paragraphs. It was accompanied by an implementation law (RGBl. I p. 1000), with which numerous changes to other laws were made that were made necessary by the habitual criminal law. The changes brought about by both article laws in line with the Nazi ideology essentially came into force on January 1, 1934.

history

The habitual criminal law provided for dangerous habitual criminals a longer sentences and mandatory imposition of preventive detention before. The placement was not limited in time and had to continue as long as the protection of public security required it. The continuation of preventive detention was reviewed by the competent court every three years.

The reform ideas of the Habitual Criminal Law, which was partly based on plans from the time of the Weimar Republic , which, among other things, already provided for preventive detention, were considerably tightened by the National Socialists and modified for racial ideas .

After 1945, the regulations introduced by the Customs Criminal Law initially remained essentially unchanged; in particular, they were not repealed by the Allied Control Council, like many other laws from the time of National Socialism. In August 1953, the provisions on preventive detention based on the Customs Criminal Law were incorporated into the Criminal Code with the “Third Criminal Law Amendment Act” of August 4, 1953 ( Federal Law Gazette I p. 735 ) . With the “First Law to Reform the Criminal Law (1. StrRG)” of June 25, 1969 ( Federal Law Gazette I p. 645 ), the formal and material requirements for preventive detention were tightened with effect from April 1, 1970.

Thus, the law in Germany introduced a two-lane system of sanctions that is still in place today.

See also

literature

  • Christian Müller: The customary criminal law of November 24, 1933. Berliner Wissenschafts-Verlag, Berlin 1997, ISBN 3-8305-0405-5 .

Web links