Viitorul custodiei de siguranta (Sicherungsverwahrung) în Germania
The future of post-sentence preventive detention (Sicherungsverwahrung) in Germany
Author(s): Johanna RinceanuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: measures of correction and prevention; post-sentence preventive detention; right to liberty and security; no punishment without law;
Summary/Abstract: This article illustrates the historical development of the post-sentence preventive detention (Sicherungsverwahrung) as a measure of correction and prevention in Germany up to the current debate. It calls attention to the latest decisions of the European Court of Human Rights against Germany in this regard and presents the latest decision of the German Federal Constitutional Court from May 4th 2011 (Bundesverfassungsgericht) that declared almost all of the regulations with regard to the post-sentence preventive detention within the German Criminal Code and the German Youth Courts Law unconstitutional.
Journal: Caiete de drept penal
- Issue Year: 2011
- Issue No: 03
- Page Range: 11-25
- Page Count: 15
- Language: Romanian
- Content File-PDF