ПОМЕЃУ КАЗНАТА ЗАТВОР И УСЛОВНАТА ОСУДА: ПРЕДНОСТИ И НЕГАТИВНИ СТРАНИ ОД (НЕ)ПРИМЕНАТА НА АЛТЕРНАТИВНИТЕ МЕРКИ И НА КАЗНАТА ЗАТВОР
Journal
Macedonian Journal of Criminal Law and Criminology
Date Issued
2017
Author(s)
Gruevska Drakulevski, Aleksandra
Abstract
The author of the paper deals with the basic problem of the criminal law theory and
practice - identification, choice of means and methods, sanctions for the most successful,
most efficient prevention, suppression and prevention of crime. Analyzing the penal policy of
the courts in the country, the author concludes that sanctions that are mostly imposed by the
courts are imprisonment and conditional prison sentence. Imprisonment is used too much;
and conditional prison sentence is used even more. And between the two penalties there is
almost a vacuum of imposing other sanctions. This is a trend that we see not only in the
domestic case law, but also in many other countries. Further in the paper the author sets out
the main criticisms to imprisonment and the advantages of the alternative measures.
Opposing the arguments regarding the advantages and disadvantages of (non)application of
alternative measures and imprisonment, the author concludes that the criminal legal theory
and practice of our state should be creating a concept of efficient use of "alternative
measures". They should replace prison sentence. Also, the author analyzes the most important
international documents that recommended a restrictive application of imprisonment on
account of wide application of non-institutional treatment.
practice - identification, choice of means and methods, sanctions for the most successful,
most efficient prevention, suppression and prevention of crime. Analyzing the penal policy of
the courts in the country, the author concludes that sanctions that are mostly imposed by the
courts are imprisonment and conditional prison sentence. Imprisonment is used too much;
and conditional prison sentence is used even more. And between the two penalties there is
almost a vacuum of imposing other sanctions. This is a trend that we see not only in the
domestic case law, but also in many other countries. Further in the paper the author sets out
the main criticisms to imprisonment and the advantages of the alternative measures.
Opposing the arguments regarding the advantages and disadvantages of (non)application of
alternative measures and imprisonment, the author concludes that the criminal legal theory
and practice of our state should be creating a concept of efficient use of "alternative
measures". They should replace prison sentence. Also, the author analyzes the most important
international documents that recommended a restrictive application of imprisonment on
account of wide application of non-institutional treatment.
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