Probation in Germany

The article examines the history and current state of the probation system in Germany. The study shows that probation measures were first enshrined in law in the 19th century, with the adoption of the German Criminal Code of 1872 (Strafgesetzbuch), and the development of the probation institution is associated with a gradual increase in attention to alternative punishment measures, also enshrined in international standards. An analysis of the legal framework reveals the key regulations governing probation issues: the Youth Courts Act of 1953 (Jugendgerichtsgesetz), the German Criminal Code of 1872 (Strafgesetzbuch), the Prison Act of 1976 (Strafvollzugsgesetz) and the German Code of Criminal Procedure (StrafprozeBordnung). Together, they form a comprehensive system for the application of probation to both minors and adult convicts. Particular attention is paid to the structure of the probation service in Germany - decentralized, consisting of more than 30 organizations operating within individual federal states. The absence of a centralized government agency is compensated for by uniform standards developed at the federal level and close interaction with the judicial system. The article contains an analysis of the requirements for probation service personnel, including the necessary qualifications, professional skills and personal qualities of employees. European standards for training and working with personnel are also presented, emphasizing the importance of a high level of qualification, non-discrimination and career opportunities. Based on statistical data, the indicators of the use of probation in Germany are considered, including the rate of parole, the ratio of men and women among probation "clients", the number of foreign citizens and minors included in the existing statistics. A comparison with Russian data allows us to identify differences in approaches to the appointment of probation measures. The key criterion for the effectiveness of the probation system is the level of recidivism, which in Germany shows a steady downward trend due to the use of probation measures. In conclusion, it is concluded that the probation system in Germany is based on historical traditions, complies with modern European standards and differs from a similar system in Russia in the legal nature, structure and content of probation activities. The authors declare no conflicts of interests.

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