Poszukiwanie alternatyw dla kary pozbawienia wolności — ujęcie prawno porównawcze
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Date
1986
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Wydział Prawa i Administracji UAM
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Search of the alternatives to deprivation of liberty penalty. The comparative law approach
Abstract
The article is divided into four parts. The first one discusses the efforts of
the Committee of Delinquency Problems, the organ of the Council of Europe, in
the field of organizational and scientific actions concerning the problems of searching
alternative means to deprivation of liberty punishment. Several recommendations
and resolutions were passed. Also the socialist States undertook certain
efforts in order to avoid application of the deprivation of liberty punishment,.
It was expressed at the conference of the representatives of ministries of justice,
which took place in September 1981.
The second part is the analysis of reasons justifying the search for the new
forms of fighting the crime. The arguments quoted most often are: economic considerations,
lost trust in the effectiveness of punishment of deprivation of liberty,
continuing social disintegration of the persons sentenced to a prison term, psychological,
sociological, pragmatic and humanitarian considerations.
The third part is devoted to the comparative law review of the solutions
alternative to deprivation of liberty punishment,, i.e. the means of a traditional
character: fine, conditional sentencing in variants, as well as newer solutions,
like reformatory labor, other forms of labor for social goals, deprivation of a driving
licence, forfeiture of property, interdiciton of excercising a specified profession,
protective supervision, penalty of restricted liberty, pedagogical means, and
others.
The whole of discussion is concluded in the fourth part of the article with
the regard paid to the Polish solutions.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 2, s. 31-50