Germany: Staying the Course

Compared with many other countries, Germany makes relatively little use of imprisonment, including for offenses of middle seriousness. In 2023 only 5 percent of all convicted offenders received an unconditional prison sentence. Another 10 percent received suspended prison sentences. All others had only to pay fines. This pattern has been stable for 50 years and has been accompanied in recent decades by a decreasing incidence of crime reported to the police. Scholarly attention has focused on a lack of consistency in sentencing; there are remarkable differences in average sentence lengths among local courts. The parliament, however, has chosen neither to establish a sentencing data bank nor to promulgate or move toward creation of a system of sentencing guidelines. Despite occasional media grumbling, the population at large does not seem to see a great need for a significant increase in sentencing severity. The German parliament and judiciary have by and large refrained from moving toward a more severe approach, except for some changes in authorized sentencing ranges for terrorism and sexual offenses.