Equivalence formulation between prison sentences and fine sentences that prioritising fine sentences

• Autorzy: Teng Junaidi Gunawan
• Języki publikacji: EN

Abstrakty

EN

The orientation of law reform is agreed towards the application of restorative justice. Hence, an equivalence formulation between penal and fine sentences is urgently required. This normative research of legal studies proposed an equivalence formulation between prison and fine sentences. It resulted in prioritising fine sentences as a more preferred sentence while ensuring justice for the victim(s) and the community as represented by the state. This research presented a reform to amend the same weaknesses of the current penal or criminal law system in defining alternative sentences to prison sentences, which from an economic analysis perspective, was impossible to be chosen by the Judges. This research proposes an amendment that promotes financing the victim(s) and the community’s restorative effort. Besides that, it convinces the judges to pass a double-track sentence, both prison and fine sentences, because both can be valued and have equal consequences.

Słowa kluczowe

EN

criminal law reform; criminal policy; double track sentencing system; economic analysis of law; restorative justice

• Wydawca: Institute of State and Law, Czech Academy of Sciences
• Czasopismo: The Lawyer Quarterly
• Rocznik: 2023
• Tom: 13
• Numer: 3
• Strony: 326-336
• Rodzaj publikacji: ARTICLE

Twórcy

autor

Teng Junaidi Gunawan

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