2 Germany
(1) Making punishment severer under criminal legislation
The trend of making criminal legislation severer began to be noticeable from the beginning of the 1990s, and an extensive amendment was made on each provision of the Penal Code in 1998. Amendments were made to make the statutory penalty severer for injury, arson, and sexually cruel treatment of children, and so on. This trend continued thereafter and in 2003, the statutory penalty of sexually cruel treatment of children was further raised.
(2) Commitment to a social rehabilitation institution
A social rehabilitation institution (Sozialtherapeutische Anstalt) is a facility where offenders are committed to as a form of execution of custodial sentence and special social rehabilitation treatments are provided. The treatment at the social rehabilitation institution is provided to inmates when such special treatments are needed for the socialization of inmates, in principle upon their agreement to go through such treatments. Sexual crime offenders, violent crime offenders, property crime offenders, etc. are accommodated. In 2003, for sexual offenders who meet certain criteria, it was made mandatory to be committed to a social rehabilitation institution.
(3) Restraint or incapacitation
Restraint or incapacitation (Massregeln der Besserung und Sicherung) are imposed in order to prevent future offenses by the offender, disregarding the culpability issue. This is imposed either in the form of detention, such as security confinement, or in the form of supervision in community, such as behavioral supervision.
a. Security confinement
In regards to those who may further commit serious offenses after completing their sentence of imprisonment, security confinement (Unterbringung in der Sicherungsverwahrung) may be imposed to further detain the person even after completing the sentence in order to protect society. In 2002, a new system was introduced in which the court may reserve the right to order the security confinement of the offender for a certain period in cases where it cannot be determined at the time of judgment whether he/she should be dangerous to society or not. Furthermore, in 2004, it became possible for the court to issue an order for security confinement ex post facto in cases where it becomes clear before the completion of his/her imprisonment sentence that the inmate should be extremely dangerous to society.
b. Behavioral Supervision
Behavior supervision (Fuehrungsaufsicht) may be imposed by a probation officer to offenders who may further commit an offense after the completion of their imprisonment sentence, in order to provide assistance in preventing recidivism, while supervising the offenders through the behavior supervision office.
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