Juridical character of conditional suspension of the carrying out of a sentence
Journal Title: Security Dimensions - Year 2012, Vol 7, Issue 7
Abstract
Conditional stay of the carrying out of a sentence is the most commonly used be law enforcement type of reaction to the criminal offense. As an example, in 2010 conditional stay of the carrying out of a sentence was applied to 86 % custodial sentences, which accounted for 58 % of all convictions. This fact alone is sufficient for undertaking research on the nature of this form of criminal-law response. Also in the doctrine and case law is a clear divergence in the way of undertaking the legal nature of conditional suspension. In this study has been analyzed a variety of views expressed in the doctrine of criminal law and jurisprudence, with particular emphasis sentences of the Supreme Court and the Courts of Appeal. Under consideration has been taken statistical analysis of judicial activity in the years 2002 – 2011. Results of this study is the thesis that the most appropriate way of understanding the nature of Conditional stay of the carrying out of a sentence is view, that this institution is an integral part of the decision on punishment, a particular form of sentence. Adoption of this thesis extends the circle explicitly expressed in the article 69 of the Penal Code conditions (not) use the conditional suspension of all directives of sentencing (including article 53 of the Penal Code). The decision about conditional stay of the carrying out of a sentence depends therefore not only on the positive criminological predictions accused, but also on the grounds of the social impact of the penalty. In this study has been developed a view that between those thesis feedback.<br/><br/>
Authors and Affiliations
Marcin Cichoński, Justyna Węgrzynowicz
Keywords
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