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the surveillance task guarantees the probation officer a series of special powers. in
particular, the probation officer always has the right to maintain contact with the minor
and has, even without the minor’s approval, to contact his/her teachers, guardians and
employers in order to try to influence his/her education. the probation officer may also
always contact the juvenile judge in order to discuss the case. there are no barriers in
regards to the minor’s privacy. the probation officer is however barred from contacting the
police in matters relating to the minor.
Juvenile Delinquency and the Efficacy of Probation
on February 2nd, 2008 the German parliament replied to a parliamentary request
put forward by some deputies regarding juvenile crime in relation to the conditional
suspension of a sentence. the response is based on a study carried out by the German
National institute of statistics. the study found that, in all of Germany with the exception
of the region of Hamburg, 174,207 people were placed on probation (of which 154,484
were male and 19,723 were female). of this total, 36,015 (33,230 male and 2785 female)
were placed on probation after going through the juvenile justice process, which deals with
people between the ages of 14 and 21 1 .
Focusing on the types of crimes committed by individuals who were found guilty after
going through the juvenile courts and given a suspended conditional sentence, data from
the German National institute of statistics shows, in 2006, the following sub-categories for
the 36,015 individuals who went through the juvenile process:
• 8753 were found guilty of theft or purse snatching,
• 8411 committed a violent crime against a person,
• 6350 committed automobile theft or a violent action against a driver,
• 6091 committed a drug offence (use or trafficking),
• 3323 committed an offence against the property of another,
• 1163 committed an offence of a sexual nature,
• 890 committed a traffic offence,
• 762 committed an offence against the public order,
• 452 committed an offence against the environment 2 .
a comparison of the recidivism rate for those placed on juvenile probation in
comparison to minors who were given a custodial sentence demonstrates that the recidivism
rate is notably higher for those were not placed on “probation”:
• The overall recidivism rate for offenders arrested as juveniles 3 is 70%;
• The recidivism rate, after completion of the sentence, for those who were not
placed on probation is 77.8%;
46
1 statistisches Bundesamt 2007: rechtspflege. Bewährungshilfe. Fachreihe 10, reihe 5. statistisches Bundes-
amt. Wiesbaden. p.11
2 statistisches Bundesamt 2007: rechtspflege. Bewährungshilfe. Fachreihe 10, reihe 5. statistisches Bundesamt.
Wiesbaden.p.16
3 l’arresto minorile è una sanzione propria, e può essere data fino a 4 settimane.