2 Germany

(1) Summary
  The percent ratio of elderly to total population in Germany is at about the similar level as that in Japan (percent ratio of population aged 60 or older: 24.9% in Germany and 26.8% in Japan). However, compared to Japan, the percent ratio of elderly to total persons cleared in Germany is significantly lower with the percent ratio of elderly inmates and probationers/parolees also being low.
  Germany is a federation and has judicial organizations such as the Ministry of Justice, Prosecution Section, courts, etc. for each state, and hence each individual state implements its own criminal justice system. Operation of criminal justice differs from state to state due to various reasons that include their cultural, historical, and economical backgrounds, etc., with each state having characteristic practices. Treatment of elderly offenders in the Baden-Württemberg and Bayern states for which data was available are summarized below.

(2) Disposition at prosecution/trial stages
a. Prosecution stage
(a) Suspension of prosecution for minor offenses
  Many offenses committed by elderly are minor property offenses and many of these cases are not prosecuted at the prosecution stage because of their minor nature. The Munich District Prosecution Section, for instance, provides general standards for granting suspension of prosecution requiring: [1] the amount of damage to be 10 to 15 euros or less, [2] the suspect has no previous convictions. For elderly aged 60 or older the requirement of [1] regarding the amount of damage is relaxed to 100 euros or less.
(b) Conditional suspension of prosecution
  In Germany the Code of Criminal Procedure provides that public prosecutors may impose impositions or conditions on suspects and provisionally suspend prosecutions, and upon fulfillment of these conditions the suspects are not prosecuted (conditional suspension of prosecution). In practice, internal standards for suspension of prosecutions are relaxed for elderly aged 60 of older. The Munich District Prosecution Section, for instance, provides internal standards in practicing this system that require, in general: [1] the amount of damage shall be 100 euros or less, [2] the suspect has no previous convictions. For elderly aged 60 or older the requirement of [1] regarding the amount of damage is relaxed to 300 euros or less.
b. Trial stage
  Special considerations are given to elderly also at the trial stage. For instance, a theft case with an amount of damage of 1,000 euros or over is generally considered appropriate to be sentenced to imprisonment without suspension of execution. For elderly aged 60 or older, suspension of execution of sentence is granted in quite a few cases when the amount of damages is about 5,000 Euros.

(3) Treatment in correctional institutions
a. Treatment of elderly inmates in Baden-Württemberg state
  Inmates aged 65 or older are not obliged to work in prison (Article 41, paragraph 1 of the German Prison Act) or participate in education, vocational training, or any other programs. Appropriate programs are formulated for individual inmates by expert teams at penal institutions based on examination of their individual physical strength, mentality, living status in society, and characteristics, etc. Individual characteristics are especially respected in treatment for inmates aged 50 or older. Medical treatment is exactly the same as in the community and health insurance is applicable. In addition, elderly inmates who have become physically weak can receive medical treatment at prison hospitals belonging to penal institutions.
b. Singen branch of Konstanz Prison
  The Singen branch of Konstanz Prison is the only prison in Germany specialized for elderly inmates. Male inmates aged 62 or older are imprisoned there, and the average number of released inmates per year is about 50. Requirements for imprisonment in this institution are: [1] residing in Baden-Württemberg state, [2] males aged 62 or older, and [3] those who are sentenced to imprisonment for 15 months or over. However, those who have the possibility of escaping are imprisoned in other penal institutions.
  Those aged 65 or older are exempt from prison work. However, those aged 65 or older may work if they request to do so. Prison work is mainly simple assembly work. Those who do not work are recipients of pensions and engage in activities such as recreation and sports, etc. as they would do in the community. In chambers  they can watch TV and use a refrigerator. They may also use a gymnasium facility to exercises to avoid their life in prison being too monotonous.
  Elderly tend to be released on parole more easily. 2/3 of elderly inmates are released on parole and 1/3 on completion of sentence. After release 2/3 return to their families (spouses and children, etc.) and the home they previously lived in, while 1/3 are admitted to homes for the elderly or halfway houses, etc.

(4) Treatment in rehabilitation
a. Treatment in consideration of age
  Many elderly probationers/parolees in Germany (probationers/parolees aged 60 or older; hereinafter referred to as the same in this sub-section) live solitary lives on pensions. The percent ratio of elderly probationers/parolees is low compared to that in Japan, hence special treatment programs for the elderly are not implemented. Treatment policy is to take into consideration their old age when executing treatment. For instance, such considerations are given as: [1] experienced older probation officers being assigned where possible so that elderly probationers/parolees can accept guidance more easily and the officers in turn can easily provide guidance, [2] increased contact as often as possible in order to reduce a sense of alienation, and [3] facilitating socialization through participation in groups, etc. and avoid isolation.
b. Continuation of probationary supervision
  A system that is similar to Japanese provisional discharge from probationary supervision also exists in Germany. For instance, probationers who lead stable life may be exempted from guidance by probation officers during their period of probationary supervision as decided by the court based on the reports from probation officers. Since this system is highly effective in motivating probationers to rehabilitate themselves, it has been actively utilized for those at both young and prime ages. For elderly probationers, however, it is important in some cases to maintain relationships with probation officers so as to reduce any sense of alienation,etc., and hence guidance by probation officers often continues even if they are living stably.

(5) Improvement of social welfare, etc.
  In Germany social welfare system has been well developed at the national level so that elderly are in general recipients of pensions and those who are not receiving pension can receive welfare aid. In addition, a system to accept elderly has been established in the entire society that includes homes for the elderly, halfway houses accepting those with no residences, and clubs sponsored by churches, etc.
  Basically the authorities and responsibilities of the related institutions and organizations are clearly set with each individual institution, etc., executing its duties in a faithful manner. Liaison conferences to enhance their cooperation, therefore, do not actively take place in some states. In case inmates or probationers/parolees are in need of employment, public institutions corresponding to “Hello Works” in Japan can arrange it. Medical institutions are responsible for providing medical treatment in case of problems with disease. Hence issues with treatment of inmates and probationers/parolees can be solved relatively smoothly through entrusting them to other specialized institutions.