Castration of Aliens (Germany) Case

Date10 Agosto 1934
CourtCourt of Appeal of Berlin (Germany)
Court of Appeal of Berlin.
Castration of Aliens (Germany) Case.

Aliens — Expulsion of — As an Alternative to Castration in Connection with Conviction.

The Court of Appeal of Berlin [Report: Hoechstrichterliche Rechtsprechung, 1935, No. 539] and the Supreme Court of the Reich [Report: J.W., 1934, p. 2410] on August 10, 1934, held that the castration of an alien in accordance with Article 42 K. of the Criminal Code2 as a measure of security must be ordered together with a conviction for sexual offences, as provided by law, even if Article 2(2) of the German Expulsion Act of March 23, 1934,3 provides for the expulsion of such offenders. It was the task of the executive to stay castration if expulsion was contemplated. It was not the business of the judicial authorities to abstain from issuing a castration order in view of possible expulsion proceedings. The same opinion was expressed by the Supreme Court in a decision of January 31, 1939, where it was stated that an order for the permanent detention of an alien recidivist must be made in connection with a

conviction in accordance with Article 42(e) of the Criminal Code,1 irrespective of the fact that the police authorities may be contemplating expulsion

2Ibid., 1933, I, p. 997.


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