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- Title
Wenn die Bremse zum Gaspedal wird - Die Entwicklung der Unterbringungsanordnungen gemäß § 64 StGB vor und nach dessen Neuformulierung 2007.
- Authors
Querengässer, Jan; Traub, Hans-Joachim
- Abstract
Within the German legal framework, courts shall make a custodial addiction treatment order (sec. 64 of the German Criminal Code - StGB) if an unlawful act is committed by an alcohol- or drug-addicted offender. In 2007, this rule was reformulated with the aim of reducing the number of forensic addiction treatment orders. Since then, however, this number has continued to rise nationwide. The present study aims at a differentiated analysis of the developments in the ten-year period before and after the reformulation by means of linear trend models and is based on all forensic addiction treatment (FAT) orders according to sec. 64 StGB between 1997 and 2016. State-specific incidences are calculated and evaluated as well as population parameters of the respective convicted persons with regard to sociodemographic, sentencing and criminal-anamnestic characteristics. Although there is no consistent decline in the number of FAT orders in any of the federal states after the reformulation, there are significant differences in the increases before and after 2007. The nationwide increase in FAT orders is due in particular to developments in Bavaria and North Rhine-Westphalia. Well-known changes in the population, such as an increase in fully culpable offenders with offences in the context of drug dealing or purchasing, and with a high criminal record, are confirmed. However, all of these changes accelerated after 2007. As causes for the findings, in addition to an increase in drug-associated delinquency, changes in the assessment criteria applied by courts and experts are also discussed. The latter would also explain the state-specific differential effects. The discrepancy between the intention of legislators and the practical implementation of the law should be a matter of concern.
- Publication
Recht & Psychiatrie, 2021, Vol 39, Issue 1, p19
- ISSN
0724-2247
- Publication type
Article
- DOI
10.1486/RP-2021-01_19