[The forgotten minority - the aged as criminals]

Criminal behavior of aged people does not seem to attract much attention by human sciences and political agencies. This trend is understandable because analysis of criminal statistics shows that crime rates are lowest among the aged (sixty years and older) compared with other groups. Furthermore, the structure of these delinquent acts is dominated by traffic offenses and theft, acts which do not cause much harm in terms of violence and property damages. Probably that is why those offenses of minor character result in a specific sentencing practice. Only a very small part of aged offenders is sentenced to prison or probation, whereas over 90% are fined. In the year 1979 the proportion of aged prisoners was slightly more than 1% of total prison's population. The review of theoretical approaches to the delinquency of the aged shows that there were not many efforts to overcome the traditional "theory of weakness or physical deficiency" in explaining the structure and distribution of the criminal behavior of the aged. But this approach is not satisfying any more. The discussion shows that a modified control theory of crime seems to be more fruitful in explaining deviant acts committed by aged people. Finally the question how to react on the aged offender by legislation and criminal policy is raised. Today's German Penal Code and Criminal Procedure Code provide altogether enough possibilities to divert the aged offender and to meet the special needs of this age group without going back to incarceration strategies.