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from one year to two years when they exceed 8,000 new francs. In police matters the duration of imprisonment for payment may not exceed two months. Article 751

Imprisonment for payment may not be pronounced either against individuals less than eighteen years old at the time of the acts that led to the prosecution or against those who began their seventieth year at the time of the conviction.

It shall be reduced by half for the benefit of those who at the latter time are in their sixty-second year, without prejudice to the application of the provisions of the following article. Article 752

It shall also be reduced by half, without its duration ever being less than twenty-four hours, for those convicted who prove insolvency by producing(1) a certificate of the tax collector of their domicile suggesting that it not be imposed; (2) a certificate of the mayor or the police commissioner of the commune of their domicile. Article 753

It may not be utilized simultaneously against husband and wife, even for the recovery of sums arising out of different convictions. Article 754

It may be utilized only five days after a demand made of the convicted person at the request of the prosecuting party.

If the judgment of conviction has not been earlier served on the debtor the demand shall be at the head of an extract of that judgment, which shall contain the name of the parties and the disposing parts. After examination of the return of service of the demand and on the demand of the prosecuting party, the prosecuting attorney shall address the necessary applications to the agents of the police and other functionaries charged with the execution of judicial warrants. The petition for incarceration shall be valid only until the expiration of the period of limitation for the punishment. That limitation occurring, no imprisonment for payment may be utilized unless it is under way or has been the object of an earlier order for confinement.

If the debtor is detained the order may be made immediately after the notification of the demand.

When, before the signature of the petition for incarceration, an entire year passes after the demand, it must be renewed.

(64-60) Article 755

The rules on the execution of judicial warrants fixed by Articles 124 and 132, with the exception of the reference to Articles 133 and 134, paragraphs 1 and 2, are applicable to imprisonment for payment.

(644-60] Article 756

If an already incarcerated debtor requires that he be referred to him, he shall be taken immediately before the president of the court of primary jurisdiction of the place where the arrest was made. That magistrate shall decide as a referee except to order, if appropriate, remand for decision under the forms and conditions of Articles 710 and 711.

The same right belongs to a debtor arrested or ordered to be confined who shall be taken immediately before the president of the court of primary jurisdiction of the place of detention. Article 757

If the arrested debtor does not require that he be referred to someone, or if, in case of referral, the president shall order that the objection be passed over, the incarceration shall be undertaken in the forms above provided for the execution of punishments privative of liberty. Article 758

Imprisonment for payment shall be served in a jail in the section destined for that use.

However, in case or order for confinement, if the debtor is subject to a punishment privative of liberty on the date fixed for final or conditional release he shall be held in the penitentiary establishment for the duration of his imprisonment for payment. Article 759

Individuals against whom imprisonment for payment has been pronounced may prevent it or any of its effects either by paying or by setting aside a sum sufficient to extinguish their debt or by furnishing a security recognized as good and valid.

The security shall be approved by the receiver of finances. In case of dispute, it shall, if appropriate, be declared good and valid by the president of the court of primary jurisdiction acting as referee.

The surety ought to liberate himself within the month, failing which he may be prosecuted.

Subject to the reservation of the provisions of Article 760, when complete payment has not been made, imprisonment for payment may be required anew for the sums remaining due. Article 760

When the imprisonment for payment has come to an end for any reason whatever it may not be further utilized either for the same debt or for convictions prior to its execution unless those convictions involved on their part an imprisonment longer than that already submitted to, in which case the first incarceration must always be deducted from the new constraint. Article 761

The detained debtor shall be subject to the same regime as convicted persons. without being required to work, however. Article 762

A convicted person who has submitted to imprisonment for payment is not freed of the amount of the liability for which it was utilized.

FEDERAL REPUBLIC OF GERMANY

QUESTION 1

To avoid any misunderstanding it must be stated at the outset that there exists no 1969 German Criminal Code effective 1973, so that it is not possible to answer the questions on the basis of the provisions of such a Code. On the other hand, among the many recent amendments of the German Criminal Code, which have been made within the framework of the reform of German Criminal law in general and the Criminal Code in particular, there stands out the Second Criminal Law Reform Law of July 4, 1969 (Zweites Gesetz zur Reform des Strafrechts (2.StrRG) vom 4.7.1969),' which provides an entirely new version of the Criminal Code's General Part (Secs. 1-79b of the Criminal Code), to become effective October 1, 1973. (It will be hereinafter quoted as the 1973 Code). According to the opinion of a leading German criminal law scholar, who authored one of the most recent treatises on the General Part of German criminal law," "the 2.StrRG simultaneously assumed the obligation-which, of course, could at any time be revoked-to adjust at least, if not extensively to reform, the new Special Part [of the Criminal Code) by October 1. 1973.": 3

The systematic structure of the German Penal Code, in the version which will become effective October 1, 1973, follows the European pattern of separating the code into a General Part and a Special Part: while the General Part (Secs. 1-79b) deals with crime and punishment in general, outlining general principles of the administration of criminal justice which are applicable regardless of the type of the offense involved: the Special Part (Secs. 80-370) defines the essential elements of the individual offenses."

1 Bundesgesetzhlatt 1969, Part I, p. 717.

2 Eberhard Schmidhäuser. Strafrecht. Allgemeiner Teil. Lehrbuch. [Criminal Law. General Part. Textbook]. Tübingen, J.C.B. Mohr (Paul Siebeck), 1970. 717 p.

3 I, at 65.

Thus, the tripartite division (general provisions ; specific offenses; sentencinga short survey of sentencing provisions appears at the end of the answer to Question 1) is not followed in the 1973 German Penal Code.

In the following portion, the detailed contents of the General Part of the 1973 Code are given, in order to show its structure, as well as to provide insight into a number of special topics—in particular, measures of rehabilitation and safety, as well as other measures—which cannot be covered in detail due to the shortness of time.

Structure of the 1973 German Criminal Code

General Part First Division

The Penal Statutes (Das Strafgesetz)
Title 1 Scope of applicability

Section 1. No Punishment in the Absence of a Statute.
Section 2. Temporal Applicability.
Section 3. Applicability to Acts Committed within the Country.

Section 4. Applicability to Acts [Committed] aboard German Ships and Aircraft.

Section 5. Acts Committed abroad against Persons or Property Protected by (German) Law.

Section 6. Acts Committed abroad against Persons and Property which are
Internationally Protected.

Section 7. Applicability to Acts Committed abroad in other Cases.
Section 8. Time of the Act.
Section 9. Place of the Act.

Section 10. Special Provisions for Juveniles and Adolescents.
Title 2 Semantic usage

Section 11. Definitions of Concepts with Respect to Persons and Things. Section 12. Major and Minor Crimes.

Second Division

The Act

Title 1 Basic principles of punishability

Section 13. Commission by Omission.
Section 14. Acting on Behalf of Another.
Section 15. Intentional and Negligent Conduct.
Section 16. Error concerning Definitional Elements [of Offenses).
Section 17. Error concerning Unlawfulness [of the Act).
Section 18. Severer Punishment in Case of Special Consequences of the Act.
Section 19. Incapability of Children to Incur Criminal Responsibility.

Section 20. Lack of Capacity to Incur Criminal Responsibility by Reason of Mental Disturbances.

Section 21. Diminished Capacity to Incur Criminal Responsibility.
Title 2 Attempt

Section 22. Definition of Concept.
Section 23. Punishability of Attempt.

Section 24. Withdrawal.
Title 3 Principals and accessories

Section 25. Principals.
Section 26. Instigation.
Section 27. Complicity.

4 The German Penal Code of Mar 15, 1871, in the version of Announcement of Septemher 1, 1969 (Bundesnesetzblatt (BGB1.) 1:1445), as amended consists of: Introductory Provisions (Secs 1-12): First [i.e., Generall Part (Secs. 13-77) entitled "Punishment of Major and Minor Crimes and petty offences in General;" and Second [i.e., Speciall Part (Secs. 80-370) entitled “Particular Major Crimes, Minor Crimes and petty offenses and Their Punishment."

Section 28. Special Personal Characteristics.
Section 29. Independent Punishability of Participants.
Section 30. Attempted Participation.

Section 31. Withdrawal from Attempted Participation.
Title 4 Self-defense and necessity

Section 32. Self-defense.
Section 33. Exceeding Self-Defense.
Section 34. Justifying Necessity.

Section 35. Excusing Necessity.
Title 5 Impunity of parliamentary utterances and reports

Section 36. Parliamentary Utterances.
Section 37. Parliamentary Reports.

Third Division

Legal Consequences of the Act
Title 1 Punishments

Рип: ment by deprivation of liberty
Section 38. Duration of Punishment by Deprivation of Liberty.
Section 39. Computation of Punishment by Deprivation of Liberty.

Punishment by fine
Section 40. Imposition in the Form of Day Fines.

Section 41. Punishment by Fine in Addition to Punishment by Deprivation of Liberty.

Section 42. Facilitation of Payment.
Section 43. Fine in Lieu of Punishment by Deprivation of Liberty.

Additional punishment
Section 44. Prohibition of Driving.

Collateral measures
Section 45. Loss of Capacity to Hold Office, of Passive and Active Suffrage.
Section 45a. Beginning and Computation of the Duration of the Loss.

Section 45b. Restoration of Capacities and Rights. Title 2 Fixing of Punishment

Section 46. Basic Principles for Fixing Punishments.

Section 47. Short Term Punishment by Deprivation of Liberty-only in Exceptional Cases.

Section 48. Recidivism.
Section 49. Particular Statutory Grounds for Mitigation of Punishment.
Section 50. Concurrence of Grounds for Mitigation of Punishment.

Section 51. Counting Toward Punishment of Other Confinement.
Title 3 Fixing punishment in case of violation of several statutory provisions

Section 52. Compound Offenses.
Section 53. Several Criminal Acts.
Section 54. Fixing the Compound Punishment.

Section 55. Subsequent Fixing of the Compound Punishment.
Title 4 Suspension of punishment for probation

Section 56. Suspension of Punishment.
Section 56a. Period of Probation.
Section 56b. Attaching Conditions.
Section 56c. [Probation] Directives.
Section 56d. Assistance of Probation [Counselors).
Section 56e. Subsequent Decisions.
Section 56f. Revocation of Punishment Suspension.
Section 56g. Remission of Punishment.
Section 57. Suspension of the Remaining Punishment.

Section 58. Compounded Punishment and Suspension of Punishment.
Title 5 Reprimand coupled with keeping the [execution of] punishment in

abeyance desisting from punishment Section 59. Precondition on Reprimand Coupled with Keeping [Execution of] Punishment in Abeyance.

Section 59a. Probation Time and Attaching Conditions.
Section 59b. Sentencing to Punishment Kept in Abeyance.

Section 59c. Compounded Punishment and Reprimand Coupled with Punishment Kept in Abeyance.

Section 60. Desisting from Punishment.
Title 6 Measures of Rehabilitation and Safety

Section 61. Synopsis.
Section 62. Principle of Commensurateness.
Section 63. Commitment to a Psychiatric Medical Institution.
Section 64. Commitment to an Institution for Withdrawal Treatment.
Section 65. Commitment to a Socio-Therapeutical Institution.
Section 66. Commitment to Preventive Detention.
Section 67. Sequence of Execution.
Section 67a. Commitment for the Execution of Another Measure.
Section 67b. Suspension by the Sentencing Court.
Section 67c. Delayed Beginning of the Execution of the Commitment.
Section 67d. Duration of the Commitment.
Section 67e. Review,
Section 67f. Multiple Ordering of the Same (Commitment] Measure.
Section 67g. Revocation of the Suspension and Te on of Measure.

Protective surveillance
Section 68. Grounds for Protective Surveillance.
Section 68a. Surveillance Agency, Probation Counselor.
Section 68b. Directives.
Section 68c. Duration of Protective Surveillance.
Section 68d. Jurisdiction, Subsequent Decisions.
Section 68e. Termination of Protective Surveillance.

Section 68f. Protective Surveillance Where Suspension of the Rest of Punishment Not Granted. Section 68g. Protective Surveillance and Suspension for Probation.

Revocation of driver's license
Section 69. Revocation of Driver's License.
Section 69a. Bar to the Reissuance of a Driver's License.
Section 69b. International Motor Vehicle Traffic.

Prohibition against exercising a profession
Section 70. Ordering the Prohibition Against Exercising a Profession.
Section 70a. Suspension of the Prohibition Against Exercising a Profession.

Section 70b. Revocation of the Suspension and Termination of the Prohibition Against Exercising a Profession.

Common Provisions Section 71. Ordering [Commitment and Other Measures] Independently [of Criminal Proceedings].

Section 72. Combination of Measures.
Title my Forfeiture and confiscation

Section 73. Grounds for Forfeiture.
Section 73a. Forfeiture of Equivalent Value.
Section 73b. Appraisal of Value.
Section 73c. Provision for Hardship.
Section 73d. Effect of Forfeiture.
Section 74. Grounds for Confiscation.
Section 74a. Extended Grounds for Confiscation.
Section 74b. Principle of Commensurateness.
Section 74c. Confiscation of Equivalent Value.
Section 74d. Confiscation of Writings and [Their] Destruction.
Section 74e. Effect of Confiscation.
Section 74f. Compensation.
Section 75. Special Provision for Organs and Representatives.

Common provisions
Section 76. Subsequent Ordering of Forfeiture or Confiscation of Equivalent
Value.

Section 76a. Ordering [Forfeiture or Confiscation] Independently [From Criminal Prosecution).

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