Klaus Berndl
Die Aufhebung der Todesstrafe für "unnatürliche Sünden" in Preußen, 1794

The Abolition of Capital Punishment for "Unnatural Vices" in Prussia, 1794

English abstract

In 1794, capital punishment for non-reproductive sex was abolished in Prussia with the introduction of the Allgemeines Landrecht für die preußischen Staaten (General National Law Code for the Prussian States). Although discussions arose whether capital punishment should remain as a threat, its execution however was unanimously rejected. Additionally, the Prussian law reformers aimed for the abolishment of capital punishment in all parts of the Law Code. At the same time, the general view on non-reproductive sex remained negative and it was still considered illicit. The members of the Gesetzkommission (law reform commission) expressed their disgust explicitly and described the "crimes" only vaguely. Thus, the Prussian lawyers gained freedom in the execution of criminal law, something they had not been granted in other parts of the law code.




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