Crime Prevention, Prospects and Problems: the Case of Effective Institutional versus Community- Based Treatment Programmes for Prevention of Recidivism among Youthful Offenders

According to functional theories of punishment in law, punishment is not to be considered as an end in itself. As for example Germany is concerned, the highest criminal courts in the country purport in their doctrinal terminology that administering criminal law may only be justified when it simultaneously proves that it is a necessary means for fulfilling the protective function of criminal law as a method for crime prevention. So criminal law shall ensure conditions for citizens that enable them to live peacefully together, and it shall contribute to peace in society under the control of the law. It is interesting to note so far that the central authorities among the growing European Union introduced, a few years ago and within the realm of the so-called “Third Pillar” of the EU (= Matters of Justice and Home Affairs), a kind of holistic concept. Along this concept the EU shall continuously strengthen its capacity or capability to offer its citizens an “Area of Freedom, Security and Justice for All”.