FROM CRIMINAL LAW TO LAW OF CRIMINAL POLICY (FROM ARCHIVES DE POLITIQUE CRIMINELLE, V 2, 1977)

• NCJ Number: 60172
• Author(s): J Y DAUTRICOURT
• Date Published: 1977
• Length: 21 pages
• Corporate Author: Editions A Pedone
• Publication Format: Document
• Language: French
• Country: France

Annotation

BELGIUM'S SOCIAL DEFENSE PHILOSOPHY MUST RECOGNIZE THE PRIME IMPORTANCE OF CRIMINAL POLICY, AND JUDGES MUST BECOME FAMILIAR WITH OFFENDERS' BACKGROUNDS IN THEIR DECISIONMAKING PROCESS.

Abstract

EVERY STATE HAS THE FUNDAMENTAL CHOICE OF WHICH VALUES IT WILL PROTECT. JUDGES AND LEGISLATORS IN THE MODERN STATE MUST TRY TO PROMOTE PUBLIC ORDER BY SOCIALIZATION AND EQUITABLE TREATMENT OF MARGINAL DELINQUENTS. SERIOUS CRIMES COMMITTED BY OFFENDERS LIKELY TO CONTINUE THEIR CRIMINAL CAREERS CALL FOR PRISON TERMS HARSH ENOUGH TO NEUTRALIZE THE DANGER: OCCASIONAL OFFENDERS MUST BE DIFFERENTIATED FROM ANTISOCIAL HABITUAL OFFENDERS. PROFESSIONAL CRIMINALS SHOULD ONLY UNDERGO RESOCIALIZATION TREATMENT DURING OR AFTER PRISON SENTENCES. ASOCIAL DELINQUENTS SHOULD NOT BE PUNISHED WITHOUT INVESTIGATION AND TREATMENT OF THE CAUSE OF THEIR DELINQUENCY; FOR THIS REASON, JUDGES MUST ORDER SOCIAL INQUIRIES TO GATHER INFORMATION ON OFFENDERS AND SHOULD CONSIDER PROBATION AS AN ALTERNATIVE PUNISHMENT. THE NEOCLASSIC SCHOOL WHICH INSPIRED BELGIAN LEGISLATORS SOUGHT TO COMPROMISE BETWEEN THE CLASSICAL VIEW, WHICH MADE IT IMPOSSIBLE TO TAKE OFFENDERS' PERSONALITIES INTO CONSIDERATION, AND THE ITALIAN SOCIAL DANGER SCHOOL (I.E., CRIMINALS ARE TO BE PUNISHED ACCORDING TO THEIR DANGER TO SOCIETY). IN ANY CASE, INEQUALITY OF TREATMENT RESULTS WHEN RESOCIALIZATION ASSISTANCE IS STRICTLY AT THE DISCRETION OF THE JUDGE, AND LEGISLATORS HAVE SOUGHT LEGAL REFORM FOR THIS REASON. OFTEN CLASSICAL CODES WHICH EXPRESS THE SOCIAL CONSCIENCE NEED NOT BE CHANGED, BUT CLEAR CRIMINAL POLICY MUST BE ARTICULATED IN ALL THE CRIMINAL CODES SO THAT THE LEGISLATORS' HUMANISTIC INTENTIONS ARE RECOGNIZED AND APPLIED BY JUDGES. TO THIS END, THE NATURE OF PROTECTED VALUES MUST BE SPECIFICALLY STATED, OFFENDERS MUST BE CLASSIFIED, ALL THE LEGISLATION OUTSIDE THE PENAL CODE INSPIRED BY NEOCLASSIC HUMANISM SHOULD BE UNIFIED, AND JUDGES MUST BE REQUIRED TO MOTIVATE THIS DECISION IN TERMS OF THE CRIME, THE CIRCUMSTANCES, THE CONCLUSIONS OF THE DEFENSE, AND THE SENTENCE POSSIBILITIES. NOTES ARE SUPPLIED. --IN FRENCH. (KMD)