Published 2019-03-01
“…Results: the author identifies and describes the influence of the so-called new complex threats on the changes in the German criminal policy, namely the emerging trend towards the revival of punitiveness, i.e. tightening of criminal law, as well as the transition of the rule of law state into a preventive one, in which it is necessary to find a balance between freedom and
security of citizens.Scientific novelty: the article for the first time examines the potential changes in the modern criminal policy of Germany aimed at building a new
security system in the modern "risk society" , the possibility to preserve the
fundamental civil
liberties; analyzes the danger of dividing criminal law into civil criminal law and special criminal law to combat enemies (for example, terrorists, recidivists, kidnappers); in the context of the national legal policy, alternative (special) forms of deprivation (restriction) of
liberty used in Germany are described: "social therapy", assistance to a probationer and establishment of supervision over their behavior, socially useful work, an electronic bracelet.Practical significance: the study results reveal the essential characteristics of possible changes in the modern German criminal policy, which is often criticized for rational humanism and indecision in taking urgent measures. …”
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