Grand Duke wrote:Thanks Walter. The description given at that site was surprisingly easy for a layman such as myself to understand. I believe in Britain that prisoners cannot vote, but those released are able to. How does it go in Germany? And do you think it is "right" to deny someone the right to vote based upon a crime for which they have already punsihed by a prison sentence?
It really is very similar:
Quote:Criminal Code (Strafgesetzbuch, StGB)
Section 45
Loss of the Capacity to Hold, or be Elected to Public Office and the Right to Vote
(1) Whoever is sentenced for a serious criminal offense to imprisonment for at least one year shall lose for a period of five years the capacity to hold public office and attain public electoral rights.
(2) The court may deprive the convicted person of the capacities indicated in subsection (1) for a period of from two to five years, to the extent the law specifically so provides.
(3) With the loss of the capacity to hold public office the convicted person shall simultaneously lose the corresponding legal statuses and rights he possesses.
(4) With the loss of the capacity to attain public electoral rights, the convicted person shall simultaneously lose the corresponding legal statuses and rights he possesses to the extent the law does not otherwise provide.
(5) The court may deprive the convicted person of the right to elect or vote in public matters for a period of from two to five years, to the extent the law specifically so provides.
Section 45a Entry into Force and Calculation of the Period of Loss
(1) The loss of the capacities, legal statuses and rights shall take effect when the judgment becomes final.
(2) The period of the loss of a capacity or a right shall be calculated from the day the term of imprisonment has been served, barred by the statute of limitations or remitted. If a measure of reform and prevention involving deprivation of liberty was ordered collateral to imprisonment, the term shall be calculated beginning on the day the measure was completed.
(3) If the execution of the punishment, the remainder thereof, or the measure has been suspended through a grant of probation or an act of clemency, then the term shall include the probationary period, if, after its expiration, the punishment, the remainder thereof, or the measure has been completed.
Section 45b Restoration of Capacities and Rights
(1) The court may restore capacities lost pursuant to Section 45 subsections (1) and (2), and rights lost pursuant to Section 45 subsection (5), if:
1. the loss was in effect for half of the time it should have lasted; and
2. it is to be expected that the convicted person will not commit any intentional crimes in the
future.
(2) The time in which the convicted person is held in custody in an institution pursuant to an order of a public authority shall not be calculated into the terms.
Usually, you can vote (see above), but can't be elected for a certain time.
This seems to be okay, especially, since it doesn't happen often (mostly related to "Crimes Against Constitutional Organs As Well As During Elections And Ballots" =
Section 105 Coercion of Constitutional Organs
Section 106 Coercion of the Federal President and Members of Constitutional Organs
Section 106a Violation of a Protected Zone
Section 106b Disturbing the Activity of a Legislative Body
Section 107 Obstruction of an Election
Section 107a Election Fraud
Section 107b Falsification of Election Papers
Section 107c Violation of the Secrecy of Elections
Section 108 Coercion of Voters
Section 108a Deception of Voters
Section 108b Bribery of Voters
Section 108c Collateral Consequences
Section 108d Area of Application
Section 108e Bribery of Members of Parliament )