Rehabilitation

from Wikipedia, the free encyclopedia

The concept of rehabilitation is based on the idea that a criminal placed himself outside of society by his act or at least revealed that he was not involved in this society to the necessary extent. The aim of state punishment should therefore be to reintegrate the perpetrator into society. A distinction must be made between the purpose of imposing a sentence and the aim of executing a sentence. In the first case, rehabilitation (as a form of positive special prevention) is considered to be a possible punitive purpose alongside others, in the second case, “ rehabilitation as an enforcement goal” is viewed by the prevailing opinion as the sole goal of enforcement (compare Feest 2006). The term re-socialization is often used synonymously (also by the German Federal Constitutional Court) with that of re- socialization . The latter term refers more to deficits in (especially early childhood) socialization, which could most likely be dealt with therapeutically.

German law

In Germany, according to the case law of the Federal Constitutional Court, the convicted offender is entitled to rehabilitation on the basis of Article 2, Paragraph 1 in conjunction with Article 1, Paragraph 1 of the Basic Law . This case law goes back to the Lebach judgment of 1973.

See also

literature

  • Heinz Cornel , Bernd Maelicke and Bernd Rüdeger Sonnen (Hrsg.): Handbook of rehabilitation . 2nd edition Baden-Baden 2003.
  • Gabriele Kawamura-Reindl, Christel Brendle and Beate Joos: imprisonment affects everyone in the family - a guide for relatives of prisoners in Bavaria . Nuremberg 2003
  • Johannes Feest (Ed.): Commentary on the Penal Code . 5th edition. New 2006.
  • Harald Poschner: Doors without a handle. A manslaughter tells his life story . Written down by Katrin Rohnstock and Barbara Orth, Schwarzkopf & Schwarzkopf, Berlin 2007, ISBN 3-89602-756-5
  • Werner Christmann: In the dead end? Rehabilitation outside prison walls , Berlin 2013, ISBN 978-3-935607-62-9
  • Bernd Maelicke: The prison dilemma. Lock up or rehabilitate? A polemic . C. Bertelsmann, Munich 2015, ISBN 978-3-570-10219-0
  • Werner Christmann: ways out of the dead end. Rehabilitation and immaturity , Berlin 2020, ISBN 978-3-935607-87-2

Web links

swell

  1. ↑ BVerfG, judgment of July 1, 1998 - 2 BvR 441/90
  2. ↑ Judgment of June 5, 1973, Az. 1 BVR 536/72 ( Memento of the original of September 29, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. BVerfGE 35, 202. @1@ 2Template: Webachiv / IABot / www.servat.unibe.ch