Imposition of alternative measures in North Macedonia and comparison of probation in France and Croatia

Session

LAW

Description

When the criminal offense is mentioned, the only association is the prison sentence, as a justification that the purpose of the punishment is achieved with it. But today, modern criminal law legislation is characterized by humanity and the request for the imposition of non-institutional sanctions, in the sense that it is not always possible to expect that the desired results will be achieved with the prison sentence, which is the fight against criminality, its prevention and suppression. Fierce criticism of the short-term prison sentence and the prison sentence for its emphasized retributive character led to the emergence of new sanctions known as alternative measures, the main purpose of which is to suppress and prevent criminality, enabling the reintegration and resocialization of perpetrators of minor crimes. Although about 18 years have passed since the beginning of the application of the provisions on alternative measures in the Republic of North Macedonia, from the analysis of the statistical data, it can be noted that of the total imposed alternative measures, the conditional sentence is at the top of the list of imposed alternative measures. The purpose of this paper is, through statistical data analysis and visualizations, to determine the rate of imposed alternative measures in the Republic of North Macedonia and of imposed probation in EU member states such as France and Croatia, to compare the imposed measures in these countries, in terms of which measures are stricter in which countries, whether new measures should be foreseen and whether probation has an impact on the reduction of criminality.

Keywords:

probation, alternative measures, prison sentence

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-95-6

Location

UBT Lipjan, Kosovo

Start Date

28-10-2023 8:00 AM

End Date

29-10-2023 6:00 PM

DOI

10.33107/ubt-ic.2023.133

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Oct 28th, 8:00 AM Oct 29th, 6:00 PM

Imposition of alternative measures in North Macedonia and comparison of probation in France and Croatia

UBT Lipjan, Kosovo

When the criminal offense is mentioned, the only association is the prison sentence, as a justification that the purpose of the punishment is achieved with it. But today, modern criminal law legislation is characterized by humanity and the request for the imposition of non-institutional sanctions, in the sense that it is not always possible to expect that the desired results will be achieved with the prison sentence, which is the fight against criminality, its prevention and suppression. Fierce criticism of the short-term prison sentence and the prison sentence for its emphasized retributive character led to the emergence of new sanctions known as alternative measures, the main purpose of which is to suppress and prevent criminality, enabling the reintegration and resocialization of perpetrators of minor crimes. Although about 18 years have passed since the beginning of the application of the provisions on alternative measures in the Republic of North Macedonia, from the analysis of the statistical data, it can be noted that of the total imposed alternative measures, the conditional sentence is at the top of the list of imposed alternative measures. The purpose of this paper is, through statistical data analysis and visualizations, to determine the rate of imposed alternative measures in the Republic of North Macedonia and of imposed probation in EU member states such as France and Croatia, to compare the imposed measures in these countries, in terms of which measures are stricter in which countries, whether new measures should be foreseen and whether probation has an impact on the reduction of criminality.