THE TRANSFORMATION OF CRIME IN PRUSSIA IN THE 18TH AND 19TH CENTURIES (UNTIL 1871)

Abstract

One of the features of premodern era in Prussia was relatively low crime rate with a different structure than it is nowadays. Moreover, there was a different perception and functioning of sphere of justice and of law enforcement. With regard to the size of transgression, the rural territories characterized in minor transgression, whereas bigger cities characterized in more serious crimes; due to the fact that bigger cities did not give security against hunger, ensured anonymity and the ability for perpetrators to hide. Similarly to the contemporary world of crime, theft was a dominant crime, whereas murder was most severely punished. Furthermore, the role of crimes against morality was significant; importantly, the concept of sin was basically synonymous with crime and was reflected in the regulation matters. Generally, it was universal phenomenon and occurred not only in Prussia. Nevertheless, Prussia was reformed quicker. Moreover, the threat of vagrants and beggars, who did not have a dwelling, aroused concern; they might have constituted as much as 10% of the population in the 18th c. Aggressive behaviours and those associated with physical violence against women and children intensified. The ‘excessive’ beating was criticised, nonetheless the phenomena of beating as such was not considered as an offence. Violence committed by a father and husband against his family belonged to the prerogatives of power. In the period of Enlightenment, the authorities of Prussia, and above all Frederick II brought about the elimination of a number of anachronisms in the perception and treatment of crime. Taking into consideration the European revolution, the above mentioned changes happened very quickly. Firstly, equality before the law was introduced, however it was not implemented properly; patrimonial jurisdiction, on the other hand, was at first limited and later on eliminated. Proportionate punishment appeared; tortures and the cruellest punishments ceased being applied. Imprisonment began to spread, along with the religious tolerance. Witch hunt and barbarous penalties for so-called moral offenses (sex before marriage, prostitution) were abandoned, likewise death punishment for homosexual and suicides etc. Since the 18th century the institution of the police began to develop, before that time it did not exist at all.

The number of criminal activities increased due to urbanisation and industrialisation. Large agglomerations emerged, giving their dwellers anonymity; moreover, the phenomenon of strong family, which at the same time was an economic unit, withered. In the industrial capitalism the central place was occupied by the nuclear family. The member of this family was a worker who was at risk of unemployment with a weak sense of security. It is difficult to assess the impact of the increasing secularization on the increase in crime. However, the negative influence of wrecking the old social and community ties (religion, family, and commune) has to be highlighted. Rebellions caused by hunger (either connected with infertility or epidemics) were other major aspects of crime in the 19th c.