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Alternative title:

Criminological forecast in punishment policy

Subject and Keywords:

punishment policy   criminological forecast   criminal law   executive criminal law   penitentiary law   the principle of individualisation   goals of punishment   rehabilitation   social readaptation (reintegration)   retributivism   utilitarianism   types and kinds of prisons   deprivation of liberty   restriction of liberty   probation measures   recidivism

Abstract:

Punishing perpetrators of crimes takes place in two stages. The first is the procedure leading to a court judgment in a specific case (jurisdictional proceedings) and the second relates to the execution of a final ruling (enforcement proceedings). In terms of the procedural as well as the content-related aspects, both types of proceedings are based onthe provisions of the Penal Code and the Executive Penal Code. In the light of these provisions, the primary purpose of punishment is social readaptation of the perpetrator (reintegration). Such legal regulations prove the coherence of normative solutions inthe area of criminal law in the broad sense.There are close relations between criminal law and the policy regarding the execution of penalties, in which the legal norm on the one hand reflects the assumptions of the criminal policy, and on the other — serves its implementation. Punishing perpetrators is a prospective action (with a view to the future), which by nature presupposes the need for individual criminological forecasting in terms of selecting the means and methods of impact as well as the future behavior of the perpetrator. Therefore, criminological forecasting must also be convergent and complementary in the area of punishment policy, which in turn confirms the thesis about systemic coherence of law and punishment policy.

Date issued:

2022

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 2084-5065   ISSN 0239-6661

DOI:

10.19195/2084-5065.63.5

Language:

pol

Abstract Language :

eng

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego sp. z o.o., Wrocław 2022   Copyright by CNS

Autor opisu:

WR U/PAdks