Rehabilitation (penology)

The concept of rehabilitation is based on the idea that an offender had made ​​by his act outside of society, or at least disclosed that he was not involved to the extent necessary in this society. The aim of the government punishing it have to be, therefore, to integrate the offender into society. It is important to distinguish between the purpose of sanctioning and the aim of the penal system. In the former case, the rehabilitation is considered (as a form of positive special prevention ) as a possible criminal purpose, among others, in the second case, the " re-socialization as a law enforcement objective " viewed from the prevailing opinion as the sole target of enforcement (see Feest 2006). The term rehabilitation is often (even by the German Federal Constitutional Court ) is synonymous with the hand of re- socialization. The latter term refers more to the deficits (especially in early childhood ) socialization, which could be handled most therapeutic.

German law

In Germany, according to the jurisprudence of the Federal Constitutional Court a claim of convicted offender rehabilitation on the basis of Article 2 para 1 in conjunction with Article 1 paragraph 1 of the Basic Law. That case goes back to the Lebach rating of 1973.