), which provides a deterrent effect for the wider community.Modern School: Focus on Perpetrators and Prevention ()

Daderstrafrecht

  • Philosophical Basis: As a critique of the rigidity of the Classical School, the Modern School emerged in the late 19th century, influenced by the wave of positivism and the development of sciences such as sociology and criminology.
  • Key Figures: This school is based on the view of determinism. According to this view, crime is not purely a free choice, but rather the result of various factors beyond the individual's control, such as biological, psychological, and social environmental factors.
  • Main Focus: This school was pioneered by the Italian School Triumvirate: Cesare Lombroso, Enrico Ferri, and Raffaele Garofalo. This idea was later developed by Franz von Liszt in Germany, who emphasized the influence of social factors.Because crime is caused by factors inherent in the perpetrator, the focus of criminal law must shift to the perpetrator (dader Modern School: Focus on Perpetrators and Prevention (.
  • Purpose of Sentencing: ) to understand and address the root of the problem. This is what is called
    • The aim is preventive and rehabilitative. Punishment is no longer seen as retaliation, but as a means to: Specific prevention(special deterrence
    • ): Preventing the same perpetrator from repeating the crime. Rehabilitating and fostering offenders to be able to return to being productive members of society.
    • Community Protection: Protecting the community by rehabilitating offenders.
Aspect Classical School Modern School
Philosophical Basis Indeterminism (Free Will) Determinism (Influenced by Biological/Social Factors)
View of the Perpetrator Rational beings who choose to do evil "Sick people" or products of their social environment
Focus of Criminal Law Deeds (Daadstrafrecht) Perpetrator (Modern School: Focus on Perpetrators and Prevention ()
Purpose of Sentencing Retributive (retribution) & General Deterrence Preventive, Rehabilitative, & Community Protection
Nature of Crime Must be proportional to the act Individualization (tailored to the perpetrator's condition)
Key Figures Cesare Beccaria, Anselm von Feuerbach Cesare Lombroso, Enrico Ferri, Franz von Liszt