Contemporary criminal policy of Germany: example to follow or timely warning?

Objective based on the analysis of publications of German criminologists and sociologists to identify and describe the main directions of development of modern criminal policy in Germany including the work of penitentiary system to determine the influence of new threats international terrorism on the regulatory activities of the state and thus on the rights and freedoms of citizens. Methods general scientific analysis systemicstructural approach to the analysis of the study object comparative legal method and a specific scientific method ndash content analysis of scientific publications of German criminologists and sociologists. nbsp Results the author identifies and describes the influence of the socalled new complex threats on the changes in the German criminal policy namely the emerging trend towards the revival of punitiveness i.e. tightening of criminal law as well as the transition of the rule of law state into a preventive one in which it is necessary to find a balance between freedom and security of citizens. Scientific novelty the article for the first time examines the potential changes in the modern criminal policy of Germany aimed at building a new security system in the modern quotrisk societyquot the possibility to preserve the fundamental civil liberties analyzes the danger of dividing criminal law into civil criminal law and special criminal law to combat enemies for example terrorists recidivists kidnappers in the context of the national legal policy alternative special forms of deprivation restriction of liberty used in Germany are described quotsocial therapyquot assistance to a probationer and establishment of supervision over their behavior socially useful work an electronic bracelet. Practical significance the study results reveal the essential characteristics of possible changes in the modern German criminal policy which is often criticized for rational humanism and indecision in taking urgent measures.nbsp Russia is also actively discussing the issues related to the adequacy of punishment for certain crimes. As a rule four instruments of criminal policy are identified the use of which causes the greatest number of disputes both in Russia and in Germany death penalty torture life imprisonment and additional preventive detention. The analysis of the lawmaking and lawenforcement experience of German colleagues can be very useful as it will help to avoid unnecessary mistakes save human time and financial resources and prepare our legal system to respond to the most complex challenges of our time.