Basics and Development of Criminal Law in the GDR
Criminal law in the German Democratic Republic (GDR) was a central element of the socialist legal system, serving both to protect the state and its social order and to regulate the individual behavior of citizens. It differed significantly from West German criminal law in its objectives, structure, and legal application, and was closely linked to the political and societal principles of the SED dictatorship. The development of criminal law in the GDR was shaped by the changing occupation forces, the establishment of its own state, and constant ideological alignment with the socialist social order.
Legal Foundations
The Criminal Code of the GDR (StGB-DDR)
The most important legal source was the Criminal Code (StGB) of the GDR. Initially, following 1945 and during the Soviet occupation period, the German Criminal Code of 1871 continued to apply, modified by Soviet directives and ordinances. In 1968, the ‘Criminal Code of the German Democratic Republic’ introduced an independent codified criminal law, which was revised in 1974. Alongside the Criminal Code, there were numerous ancillary laws and special provisions, for example in the areas of economic criminal law, military criminal law, and the prosecution of offenses committed by juveniles.
Structure of the StGB-DDR
The StGB-DDR was divided into a General Part and a Special Part. The General Part regulated basic issues such as the prerequisites for punishability, penalties and measures, attempt and participation, as well as limitation periods. The Special Part summarized the individual offenses and illustrative cases, divided, for example, into crimes against the state, state order, the economy, the individual legal order, and against the person.
Key Areas of the Criminal Code
- Offenses against the State: This included, among others, ‘defamation of the state’, ‘anti-state agitation’, and other so-called political offenses, which often served to secure the one-party rule.
- Economic Criminal Law: Included specific provisions for protecting socialist property, combating ‘black market trading’ and ‘speculation.’
- Criminal Repressions in Everyday Life: Even seemingly trivial violations such as ‘antisocial behavior’ could be sanctioned by detention or liberty-depriving measures.
Criminal Procedure Code of the GDR
The prosecution of criminal offenses was regulated by the Criminal Procedure Code (StPO) of the GDR. This differed significantly in structure and content from the West German StPO. Particularly notable was the role of the public prosecutor and the limited position of defense and defendants’ rights. Many procedural principles were designed to ensure that criminal proceedings were concluded promptly and in conformity with the state’s interests.
Special and Ancillary Criminal Laws
In addition, there were specific regulations for criminal cases in the military sector (Military Criminal Code), for juveniles (Juvenile Court Law of the GDR), and for particular social groups. Economic law and disciplinary law, with quasi-criminal sanction options, especially exhibited a high level of regulation.
Principles and System of Criminal Law Application
Function of Criminal Law in Socialism
Criminal law was deliberately used as a tool for the ‘transformation of socialist society.’ Besides its preventive and repressive character, a key function was the political-ideological education of citizens according to SED principles. The very definition of criminal offenses was thus closely oriented toward protecting the state, the socialist order, and the ‘collective interest.’
Sanction System
The sanction system included:
- Imprisonment: Usually enforced as deprivation of liberty, sometimes also as a suspended sentence.
- Monetary Fine: Less frequently imposed, as the living conditions and economic system of the GDR allowed little scope for this form of sanction.
- Supplementary Penalties and Measures: Such as withdrawal of certain rights (e.g. driving license, residence restrictions), work obligations, placement in labor education institutions.
Particularities of Criminal Jurisdiction
Criminal jurisdiction was organized on several levels: district courts, regional courts, and the Supreme Court of the GDR. There were also military courts, special courts, and disciplinary courts, partly with differing responsibilities.
Influence of State Security
The State Security (Ministry for State Security – MfS) and the Ministry of the Interior played a central role in prosecution, particularly in political cases. Proceedings in politically sensitive matters were often conducted in camera, with the principle of a fair trial being greatly restricted.
Political Offenses and State Repression
Prosecution of Politically Motivated Offenses
Criminal law was deliberately used to discipline and intimidate citizens with dissenting political views. Even planning or expressing dissenting opinions could have criminal consequences as ‘anti-state agitation’ (Art. 106 StGB-DDR) or ‘illegal border crossing.’ Political criminal justice was frequently instrumentalized to pursue regime critics, opposition members, and those wishing to emigrate.
Arbitrary Trials and Rule of Law
Although formal elements of the rule of law existed outwardly, proceedings in practice were characterized by a considerable proximity of the courts to the SED and the security organs. Judicial independence was not realized; judgments were often politically directed.
Penal System and Resocialization
Penal Policy
The aim of the penal system, besides deterrence, was especially the socialist re-education of prisoners. Mandatory labor, political indoctrination, and strict control characterized prison life. The provision of supplies, medical care, and treatment of prisoners were often inadequate, particularly for political prisoners.
Amnesties and Ransoms
Over the course of GDR history, amnesties were occasionally granted. In addition, the Federal Republic of Germany conducted so-called ‘prisoner ransoms,’ in which political prisoners were allowed to emigrate to the Federal Republic in exchange for hard currency payments to the GDR.
Significance and Aftermath After 1990
Criminal Justice Review
With the reunification of Germany in 1990, GDR criminal law was abolished and replaced by West German law. The criminal prosecution of injustices and human rights violations in the GDR took place through specific criminal proceedings under federal law. In particular, the prosecution of ‘wall shooter’ trials and the punishment of political injustices played a significant role.
Assessment in Legal History
GDR criminal law is now predominantly regarded by academia and from a rule-of-law perspective as a repressive system with significant deficits regarding the rule of law and a strong political expediency. Many provisions deviated significantly from modern constitutional principles, such as the legality principle, the principle of certainty, and judicial independence.
References and Sources
For further study of the topic, the following works and documents are essential:
- Criminal Code of the GDR (1968, version of 1974)
- Criminal Procedure Code of the GDR
- Documents of the Ministry for State Security (MfS)
- Specialist literature on the legal history of the GDR
Summary: Criminal law in the GDR was closely intertwined with the socialist state and social order. It served not only to protect individual legal interests but primarily to enforce and secure the state’s political power. Numerous regulations were aimed at combating politically undesirable behavior. After the abolition of the GDR, the system was subjected to critical historical legal evaluation, and many errors were documented through the review of politically motivated wrongful judgments.
Frequently Asked Questions
What types of punishments and criminal measures did GDR criminal law provide for?
GDR criminal law distinguished between main and supplementary punishments as well as criminal measures. The main punishments included imprisonment, which could be imposed with or without probation, and monetary fines. The death penalty was also considered a main punishment until its abolition in 1987, although it was rarely imposed in the final years. Supplementary punishments included the loss of civil rights of honor, professional bans, or bans on performing certain activities. Criminal measures comprised preventive detention, commitment to a psychiatric institution, and educational measures, especially for juveniles. A characteristic of the GDR system was the close connection between punishment and social re-education, which was also reflected in the legislation, such as the so-called ‘educational procedure’ for juvenile offenders. Offenses were mostly seen as violations of social coexistence, with both classic offenses and political crimes being extensively regulated and, in part, prosecuted very restrictively.
How was the criminal procedure structured in the GDR and what role did the public prosecutor play?
The criminal procedure in the GDR followed the inquisitorial principle, with the public prosecutor holding a prominent position. The public prosecutor was not only responsible for prosecution and charging but also for the comprehensive supervision of the observance of the socialist legal order. It had far-reaching powers in the investigation, for example, directing the investigation and supervising the activities of the People’s Police. The courts were obliged to investigate not only the factual circumstances but also the ‘social character’ of the act and the accused. The proceedings were marked by limited participation of defense counsel and restricted rights for defendants. Especially in political proceedings, informal mechanisms and political influences significantly affected the formal procedure.
Which constituent elements were considered ‘state-endangering’ or ‘political’ offenses, and how were they prosecuted?
Political or state-endangering offenses occupied a broad scope in the criminal law of the GDR. Examples include ‘anti-state agitation,’ ‘illegal border crossing,’ ‘assembly,’ ‘treasonous espionage,’ and ‘public disparagement of state organs.’ The application of these sometimes very broadly defined offenses mainly served to protect the socialist state and the ruling party. The prosecution of such offenses usually involved heightened state attention, often with the participation of the Stasi (MfS), which handled both evidence-gathering and influencing the verdict and sentencing. Judgments in cases involving political offenses tended to be harsher than for ordinary criminal offenses, sometimes with lengthy prison sentences and additional measures such as professional bans or expatriation.
To what extent did GDR criminal law differ from West German criminal law?
GDR criminal law differed fundamentally from West German criminal law. While criminal law in the Federal Republic was based on the principles of a liberal-democratic constitutional state, GDR criminal law focused on protecting the socialist society and its political order. Many criminal offenses were specifically tailored to safeguard the state, the party, and social order. The individual principle of personal culpability was relativized in favor of the ‘socialist educational mandate.’ Another particularity was the extensive prosecution of political crimes as well as closer interweaving of judiciary and executive, especially through the Ministry for State Security. The rights of participation for defense counsel and defendants were significantly restricted in GDR procedural law.
What role did the so-called ‘people’s courts’ and ‘social forces’ play in criminal prosecution?
In GDR criminal law, the people’s courts, especially the district and regional courts, were responsible for conducting criminal proceedings. An essential element was the involvement of ‘social forces,’ such as trade unions, businesses, or mass organizations, in the administration of criminal justice. Lay judges—called ‘Schöffen’ in the GDR—were appointed from among the population and participated in judgments. Furthermore, social organizations could submit petitions, participate in investigations and educational measures, or contribute to social control in workplaces and residential areas. This involvement was intended to support socialist education and control but often led to politicization of proceedings and a restriction of individual rights in favor of collective interests.
How were juveniles treated under GDR criminal law?
Criminal law in the GDR provided for special regulations for juveniles and young adults, which were intended to be more educational and caring rather than repressive. Instead of classic punishment, socialist re-education and reintegration into society were often to take precedence. Special educational procedures existed for this purpose; measures such as placement in ‘youth work yards’ or juvenile institutions were common. For young offenders, the court could impose ‘educational measures’ such as admonitions, obligations to participate in work or training programs, and supervision by social forces. Nevertheless, in individual cases, juveniles could also be sentenced under regular adult criminal law to imprisonment or fines. Politically undesirable youths were not infrequently subjected to harsher measures (e.g., detention in youth work yards).
