Criminal Policy and Liberty

• NCJ Number: 70700
• Journal: Etudes internationales de psycho-sociologie criminelle - Crime et libertes Volume: 2 Issue: 34/35 Dated: (1979) Pages: 21-35
• Author(s): J Y Dautricourt
• Date Published: 1979
• Length: 15 pages
• Publication Format: Article
• Language: French
• Country: France

Annotation

The need for a definitive Belgian criminal policy considering such factors as individual personalities in sentencing and the negative effects of imprisonment is discussed.

Abstract

The author believes that legislators should supplement criminal codes, which have become lists of offenses, with a code of criminal policy to define values to be protected. Criminal policy prescribed by legislatures to assure socialization of criminals and consequently public security should be geared to the occasional, antisocial, or asocial nature of criminals tried. More specific instructions on the imposition and suitability of probation, as well as evaluation of probation succes and cost effectiveness are needed. In the course of the evolution of Belgian criminal law, emphasis shifted from judgment according to the seriousness of the crime to the offender's social danger and to the effectiveness of punishment. The neoclassic compromise sought middle ground between the strict notions of punishment and humanistic ideas: the judge was permitted to individualize the application of classic legal retribution and to impose educative and social measures. Unfortunately, Belgian judges have continued to punish effects without seeking causes. Furthermore, classic legal codes serve as stable and durable lists of legal penalities, which do not, however, permit evaluation of the offender. Laws on criminal policy are needed 1) to define the nature of protected values so that judges have guidelines for applying criminal law, 2) to classify offenders for treatment, 3) to unify all the laws of neoclassic, humanistic inspiration found outside the actual criminal codes, and 4) to require that judges base their decisions on the nature of the sentence as well as the proof of the offense. Criminal policy laws could be adjusted to changes in society as they occur. Notes are supplied.-in French.