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CRIME

Most criminals avoiding jail in Germany

New statistics show that 70 percent of convicted criminals in Germany never see the inside of a jail. While appearing excessively lenient, a top criminologist told The Local on Tuesday that decreasing crime rates prove the country's penal system is effective.

Most criminals avoiding jail in Germany
Photo: DPA

Last year 874,700 people were sentenced by German courts for felony or misdemeanour offences – but seven out of 10 were able to “avoid a prison sentence through a successful probationary period,” according to a report released last week by the Federal Statistics Office (Destatis). There were also three percent fewer convictions compared to 2007.

While the figures would seem to paint a picture of a Teutonic justice system gone limp, the director of the Criminological Research Institute of Lower Saxony, Dr. Christian Pfeiffer, said keeping criminals out of jail is more successful than the alternative.

“The judges know exactly what they are doing and they’re working towards prevention,” Pfeiffer, who is also the former Lower Saxony justice minister, told The Local. “This isn’t lenient, it’s rational.”

Compared to the example of the draconian American criminal justice system, which Pfeiffer called “catastrophic” and “self-destructive,” Germany works to keep criminals engaged in society.

“In the US there’s a major programme that costs hundreds of millions of dollars each year just to let some 600,000 prisoners out of prison each year,” he said. “They’ve been totally uprooted and have to be reintegrated – we don’t have that.”

Instead, Germany used fines to punish 71 percent of crimes committed in 2008, Destatis found.

“Our fining system is so effective because it’s fair,” Pfeiffer said.

The German fine system is based on daily wages, meaning that criminals are punished for certain crimes by paying a set amount of what they earn.

“It’s proportionate to the profession,” Pfeiffer explained. “For example a person on social welfare has to pay 10 days of his benefits, while a football star pays 10 days of whatever he makes.”

Convicted criminals can also choose to serve the days in jail or work for social programmes if they can’t pay their fines.

According to Pfeiffer, last year’s three percent reduction in crime is nothing compared to the last 20 years.

“The high point was in 1998, but it has gone down drastically since then,” he said, adding that burglaries are down by 50 percent, homicides by 40 percent, and bank robbery more than 75 percent.

“There is nothing to complain about,” he said.

But the trend toward a safer Germany is not due to successes in the criminal justice system alone, another factor is the ageing population.

In August, European Union statisticians found that Germany had the lowest birth rate and highest death rate of all 27 nations.

“The ageing of our population supports inner security,” Pfeiffer said. “Fewer young men and more old men mean less crime.”

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CRIME

Nine face trial in Germany for alleged far-right coup plot

The first members of a far-right group that allegedly plotted to attack the German parliament and overthrow the government will go on trial in Stuttgart on Monday.

Nine face trial in Germany for alleged far-right coup plot

Nine suspected participants in the coup plot will take the stand in the first set of proceedings to open in the sprawling court case, split among three courts in three cities.

The suspects are accused of having participated in the “military arm” of the organisation led by the minor aristocrat and businessman Prince Heinrich XIII Reuss.

The alleged plot is the most high-profile recent case of far-right violence, which officials say has grown to become the biggest extremist threat in Germany.

The organisation led by Reuss was an eclectic mix of characters and included, among others, a former special forces soldier, a former far-right MP, an astrologer, and a well-known chef.

Reuss, along with other suspected senior members of the group, will face trial in the second of the three cases, in Frankfurt in late May.

The group aimed to install him as head of state after its planned takeover.

Heinrich XIII arrested at his home following a raid in 2022.

Heinrich XIII arrested at his home following a raid in 2022. Photo: picture alliance/dpa | Boris Roessler

The alleged plotters espoused a mix of “conspiracy myths” drawn from the global QAnon movement and the German Reichsbûrger (Citizens of the Reich) scene, according to prosecutors.

The Reichsbürger movement includes right-wing extremists and gun enthusiasts who reject the legitimacy of the modern German republic.

Its followers generally believe in the continued existence of the pre-World War I German Reich, or empire, under a monarchy, and several groups have declared their own states.

Such Reichsbürger groups were driven by “hatred of our democracy”, Interior Minister Nancy Faeser said in Berlin on Sunday.

“We will continue our tough approach until we have fully exposed and dismantled militant ‘Reichsbürger’ structures,” she added.

READ ALSO: Who was involved in the alleged plot to overthrow German democracy?

‘Treasonous undertaking’

According to investigators, Reuss’s group shared a belief that Germany was run by members of a “deep state” and that the country could be liberated with the help of a secret international alliance.

The nine men to stand trial in Stuttgart are accused by prosecutors of preparing a “treasonous undertaking” as part of the Reichsbürger plot.

As part of the group, they are alleged to have aimed to “forcibly eliminate the existing state order” and replace it with their own institutions.

The members of the military arm were tasked with establishing, supplying and recruiting new members for “territorial defence companies”, according to prosecutors.

Among the accused are a special forces soldier, identified only as Andreas M. in line with privacy laws, who is said to have used his access to scout out army barracks.

Others were allegedly responsible for the group’s IT systems or were tasked with liaising with the fictitious underground “alliance”, which they thought would rally to the plotters’ aid when the coup was launched.

The nine include Alexander Q., who is accused by federal prosecutors of acting as the group’s propagandist, spreading conspiracy theories via the Telegram messaging app.

Two of the defendants, Markus L. and Ralf S., are accused of weapons offences in addition to the charge of treason.

Markus L. is also accused of attempted murder for allegedly turning an assault rifle on police and injuring two officers during a raid at his address in March 2023.

Police swooped in to arrest most of the group in raids across Germany in December 2022 and the charges were brought at the end of last year.

Three-part trial 

Proceedings in Stuttgart are set to continue until early 2025.

In all, 26 people are accused in the huge case against the extremist network, with trials also set to open in Munich and Frankfurt.

Reuss will stand trial in Frankfurt from May 21st, alongside another ringleader, an ex-army officer identified as Ruediger v.P., and a former MP for the far-right Alternative for Germany (AfD) party, Birgit Malsack-Winkemann.

The Reichsbürger group had allegedly organised a “council” to take charge after their planned putsch, with officials warning preparations were at an advanced stage.

The alleged plotters had resources amounting to 500,000 euros ($536,000) and a “massive arsenal of weapons”, according to federal prosecutors.

Long dismissed as malcontents and oddballs, believers in Reichsbuerger-type conspiracies have become increasingly radicalised in recent years and are seen as a growing security threat.

Earlier this month, police charged a new suspect in relation to another coup plot.

The plotters, frustrated with pandemic-era restrictions, planned to kidnap the German health minister, according to investigators.

Five other suspected co-conspirators in that plot went on trial in Koblenz last May.

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