Concept and Legal Classification of Criminal Rehabilitation (GDR)
Die criminal rehabilitation (GDR) refers in German law to the annulment of criminal measures, verdicts and consequential effects that were imposed in the territory of the former German Democratic Republic (GDR) for political reasons. The aim is to acknowledge and redress measures that were enacted in the GDR in violation of the rule of law and caused significant disadvantages in the personal lives of those affected. This takes place in a special form after German reunification through the Criminal Rehabilitation Act (StrRehaG), which serves as the central legal basis.
Historical Background and Legislation
State Prosecution in the GDR
In the GDR, numerous individuals were prosecuted for political, ideological, or religious reasons. This included verdicts and measures that were issued in violation of procedural principles of the rule of law. The persecution encompassed, among other things, imprisonment, compulsory measures, permanent entries in the criminal record, and the withdrawal of civil rights.
Criminal Rehabilitation Act (StrRehaG)
Das Law for the Criminal Rehabilitation of Victims of Political Persecution in the Former GDR (StrRehaG) entered into force on November 4, 1992. It established a legal framework to annul wrongful convictions and to lift or reduce the legal consequences for those affected. The StrRehaG also applies to measures imposed by other states of the former Soviet occupation zone or the People’s Republic of Poland, provided they were issued in connection with the division of Germany.
Scope and Prerequisites of Rehabilitation
Personal Scope
Criminal rehabilitation may be applied for by all persons who were persecuted or disadvantaged due to actions, expressions of opinion, or motivations which—in the GDR or the Soviet occupation zone—would now be considered unjust.
Material Scope
The StrRehaG applies to cases where:
- a final criminal judgment,
- a liberty-restricting measure (e.g. pre-trial detention),
- secondary consequences (e.g. residence restrictions, professional bans)
were based on political grounds or resulted from violations of minimum standards of the rule of law.Exclusion Criteria mainly apply if the measure would also be punishable under today’s German law or if the person concerned would have been guilty even by current standards.
Prerequisite for Rehabilitation
The prerequisite for criminal rehabilitation is, in particular, that
- the measure was imposed solely or predominantly for political reasons or arbitrarily,
- the facts of the case are to be assessed from a new rule-of-law perspective,
- no overriding public interest precludes the annulment of the measure.
Procedure for Criminal Rehabilitation
Application Submission
The rehabilitation procedure begins with an application, which is to be filed with the competent regional court. The application must include information on the measure, the reasons, and the political motivation that could justify rehabilitation.
Course of the Judicial Proceedings
The court examines whether the legal prerequisites are met. The public prosecutor’s office is involved in the proceedings. The court decides on the basis of the written application documents; an oral hearing is only held in exceptional cases.
Decisions and Legal Remedies
- The court may completely annul, amend, or declare void the judgment, measure, or secondary consequence.
- Against the decision, the person concerned has the right to the legal remedy of immediate appeal zu.
Legal Consequences of Rehabilitation
Annulment of Criminal Consequences
Upon confirmation of rehabilitation, the criminal consequences of the measure are removed. This includes:
- Deletion from the Federal Central Criminal Register
- Removal of ancillary sanctions (e.g. professional bans, revocation of driving license)
- Compensation for Disadvantages in Social Law Claims
Claims for Compensation and Compensatory Benefits
Following criminal rehabilitation, those affected may be entitled under certain conditions to:
- Lump-Sum Compensation according to § 17 StrRehaG, per month of imprisonment
- Special Compensatory Benefits (e.g. for occupational harm, health injuries)
- Social Compensatory Benefits according to the Occupational Rehabilitation Act (BerRehaG) and the Administrative Rehabilitation Act (VwRehaG)
Material Compensation Claims
The amount of compensation depends on the type and extent of the damage suffered. In addition to immediate victims, surviving dependents are also eligible. Certain benefits are subject to limitation and exclusion periods. Claims must be asserted in administrative proceedings with the competent authorities.
Specific Issues and Distinctions
No Rehabilitation for Lawful Convictions
Measures that would also be justified according to current standards in the Federal Republic of Germany, especially in the case of general criminal offenses without a political background, are not subject to rehabilitation.
Relationship to Other Rehabilitation Laws
Criminal rehabilitation is part of a comprehensive system for victims of political persecution in the GDR. It is to be distinguished from occupational und administrative rehabilitation, which are governed by separate procedures and legal consequences.
Significance and Practical Impact
Criminal rehabilitation helps provide recognition and redress for injustice committed in the GDR. Those affected are given the possibility to rectify their past legally and socially and to offset disadvantages under social law. Rehabilitation law also serves the historical appraisal of political arbitrariness in the GDR judicial system.
Literature and Sources
- Criminal Rehabilitation Act (StrRehaG)
- Brochures and information from the Federal Office of Justice and the Federal Foundation for the Study of the SED Dictatorship
- Decisions of the Federal Court of Justice (BGH) on application issues of the StrRehaG
- Academic literature on the prosecution of political offenses in the GDR
Criminal rehabilitation (GDR) is a legally sound instrument for systematically addressing wrongful verdicts of the GDR judiciary and providing individual and societal satisfaction to those affected. The procedure is regulated in detail by law and provides a binding legal route for all persons affected by politically motivated injustice in the former GDR.
Frequently Asked Questions
What prerequisites must be met for a criminal rehabilitation for GDR injustice?
Several prerequisites must be fulfilled for criminal rehabilitation under the Criminal Rehabilitation Act (StrRehaG). First, there must have been a decision by a criminal court in the GDR or the Soviet Occupation Zone (SBZ) that violated the principles of the rule of law. Typically, these are judgments, penal orders, or measures of a criminal law character that resulted from political persecution, disregard for minimum human rights standards, or arbitrariness. At the time it was carried out, the measure must have violated basic principles of justice or the then-accepted minimum standards of due process. The application is usually filed with the regional court in whose jurisdiction the decision was rendered. The court reviews the individual case to determine whether the requirements of § 1 StrRehaG are met. An application for rehabilitation must generally be filed by the affected person or their heirs/relatives; moreover, there are no deadlines, as such applications can be submitted at any time.
Who is entitled to apply for criminal rehabilitation?
Primarily, the persons affected themselves are entitled to apply for rehabilitation against whom the criminal measure was directed. If the affected person has died, close relatives—especially spouses, children, parents, and siblings—can file the application. Other heirs may also be entitled in individual cases. It is possible to file an application even if compensation claims have already been made or received, provided there is no exclusion reason and no final decision has been made regarding criminal rehabilitation.
What legal consequences does criminal rehabilitation have?
Upon a final decision of criminal rehabilitation, the convicting measure is annulled or declared void. As a result, all legal consequences of the former conviction cease to apply, both in criminal and governmental respects. This includes, among other things, entries in the Federal Central Register, the return of withdrawn rights (such as the exercise of a profession, right to vote), as well as corrections in official registers and personnel files. In addition, rehabilitation may give rise to claims for compensation for detention and loss of property, as well as for immediate assistance to secure livelihood.
Is there a claim for compensation for experienced injustice?
Yes, the Criminal Rehabilitation Act provides for claims for compensation. Persons for whom criminal rehabilitation has been granted are entitled to compensation for deprivation of liberty (e.g. detention, remand, forced labor), loss of assets, and for professional and social disadvantages caused by the measure. The relevant provisions are §§ 17 ff. StrRehaG as well as the Occupational Rehabilitation Act (BerRehaG). Compensation is granted upon application and includes flat rates per month of detention as well as proven material losses. In certain cases, additional material or immaterial compensation can also be requested.
How does the judicial rehabilitation procedure work?
After receipt of the application for rehabilitation, the competent regional court examines whether the application is admissible and well-founded. The available documents, especially court files, investigation files, and other relevant documents, are reviewed. If necessary, witnesses are heard or expert opinions obtained. The decision is made by order; an oral hearing is not mandatory but may be scheduled in individual cases. An appeal may be lodged against a negative decision with the Higher Regional Court. The procedure is free of charge for the applicant; any legal costs must be borne by the applicant unless legal aid is granted.
What effect does criminal rehabilitation have on the Federal Central Criminal Register?
With the final decision establishing rehabilitation, the relevant conviction is deleted from the Federal Central Criminal Register. If the person concerned is still alive, the entry is completely removed. If the person has already died, a register block is noted, so the entry will no longer be considered in future disclosures. Any side-effects imposed (such as professional bans or measures of correction and security) are also retroactively annulled.
Can financial disadvantages also be compensated as part of rehabilitation?
Yes, the rehabilitation procedure also includes the possibility of compensating financial disadvantages incurred in connection with the unlawful criminal measure. According to § 17 ff. StrRehaG, those affected can apply for special compensatory benefits if property damage occurred in connection with deprivation of liberty (e.g. expropriation, confiscation of assets, seizures). Both material damage and lost professional opportunities, SGB benefits, and pension claims are taken into account. However, claims must be asserted in a separate application.
