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East Germany CRIME AND PUNISHMENT
The socialist countries of Eastern Europe, and particularly
East Germany, have a perception of the roots of criminal behavior
that differs fundamentally from the general beliefs accepted in
Western culture. This perception, based upon Marxist-Leninist
social theory, strongly influences the structure of the criminal
justice system and the administration of criminal justice. To
understand the structure and functioning of the East German
criminal justice system, it is necessary to understand this
Marxist-Leninist perception of the roots of crime in society.
Public Order and Mass Participation
Crime is viewed historically as the product of class
societies that have private ownership of the means of production.
It is this private ownership that breeds exploitation of man by
man, antagonism between individuals, and conflict between
individuals and society as a whole. It feeds individual egoism
that is destructive to human and community interests. In a
perfected communist society where social conditions, life-styles,
and human personalities have been altered radically, deviant
behavior would be impossible. Under socialism, the transitional
phase from capitalism to communism, crime exists, but not as a
rebellion against existing conditions. Rather, it is a residue or
relic of the old, imperfect society. East Germany considers
itself a socialist, or transitional, society. The leadership is
not so dogmatic as to ascribe all deviant behavior to social
causes. It is believed that genetic or biological factors can
reduce the competence of individuals below the point where normal
societal influences can compensate fully. In these instances,
more stringent efforts by the state to recognize criminal
potential may be required. These efforts may range from genetic
counseling and therapeutic abortion to early recognition and
diagnosis of personality disorders in schools and the work place.
The perception of the root causes of criminal behavior and,
therefore, the attitude and approach toward addressing the
problems of crime and punishment have certain fundamental
characteristics that are totally foreign to traditional Western
practices, even while preserving some external similarities. The
administration of justice, particularly criminal justice, is
viewed very much in pragmatic and utilitarian terms. The rule of
law that is so important to Western political thought is
subordinated to the concept of social (socialist) justice.
Because criminality is viewed as a social anachronism left over
from capitalism that presumably will disappear with time or is
traceable to biological causes correctable by science, justice
need not be tempered by legal restraint. The juridical structure
of courts, judges, and lawyers, although serving an immediate
need, is not fundamentally important to a socialist society.
Further, the real function of law is one of educating members of
society, both criminal and law-abiding, in the fulfillment of
civic duties.
Data as of July 1987
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