 The Meaning of Alternative SentencesAdrian Leka and Ardita Bylo Academic Journal of Interdisciplinary Studies, 2014, vol. 3 Abstract: Draft legislation imposes criminal democratic request for the inclusion of legal instruments that help more in punitive role of the sentence given by the court, by adapting a number of factors and circumstances that cannot accept the classical severity of punishment. This will maximize the peaceful character of the law but also would affect levels significantly above sentence enhancers’ purpose. In other words, the criminal law has more need for legal flexibility, giving a considerable assistance and judicial bodies. This flexibility is achieved by using not only clearly defined penalties and stiffly but also creating an amalgam arising from the acquisition of qualitative elements of some types of penalties are available always maintaining sustainable character of the criminal sentence. This flexibility between types of sentences leads us first what is called alternative sentence. Must have a clear alternative that should not understand this notion of broad term for a criminal offense then you can choose punishment of imprisonment or fine, because this determines the choice of law without much skating, but we are dealing with a process which allows us to within a clearly defined type of punishment may be able to detach some other elements of criminal justice thus building a sustainable form of criminal punishment completely featured. Methods of her execution contain essentially what we call the social reintegration of morality offender. Resuming the alternative mentioned above for sentencing will give this definition: the alternative sentence of imprisonment shall mean those sentences given by courts for crimes when the law set distinct criteria which lie within the framework of prison sentences but due to certain circumstances, psychological, moral, family, ways of executing them rigorously regulated by means of isolation are common. Alternative sentencing is not excluded from the punishment. Based on these alternative sentencing court determines the extent of the general rules defined in the law. While suffering with conditional sentencing court a number of factors present as well as how you will behave in the future the prisoner. There are significant differences in terms of the way that making that final decision and the execution in respect of other fixed penalties. Regarding the mode of decision making unlike other court fines wider access in the provision of these convictions. For, although the law sets rigid criteria for these cases again the role of the court is crucial in analyzing and defining the specific circumstances that makes a decision necessary with such character. These circumstances can be very varied, character health, family, professional, moral, where the court must decide each case that when the elements of the relative usefulness for granting an alternative to imprisonment. While related to the form of execution of the sentence here we have a main difference with respect to the manner of execution of the sentence because although alternatives to imprisonment for a legal background has sentence to imprisonment, execution of sentence classical form far from this being done so original executed away from traditional insulation. Date: 2014 Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:bjz:ajisjr:672 DOI: 10.5901/ajis.2014.v3n2p11 Access Statistics for this article More articles in Academic Journal of Interdisciplinary Studies from Richtmann Publishing Ltd |
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