NCJ Number
58113
Date Published
1978
Length
17 pages
Annotation
THE MAIN PROPOSALS OF A COMMITTEE RESPONSIBLE FOR CHARTING PENAL REFORMS IN FINLAND ARE SUMMARIZED, AND THE GENERAL PENAL CODE STRUCTURE RECOMMENDED BY THE COMMITTEE IS PRESENTED.
Abstract
THE PENAL CODE COMMITTEE OUTLINED A COMPREHENSIVE REFORM OF THE FINNISH PENAL CODE IN ITS REPORT OF MARCH 1977. IN ADDRESSING THE LIMITED ROLE OF PENAL SANCTIONS AS A MEANS OF REGULATING BEHAVIOR, THE COMMITTEE SUGGESTED THAT PUNISHMENT BE LOOKED UPON AS A MEANS OF SETTING STANDARDS IN SOCIETY. THE COMMITTEE ALSO EMPHASIZED THE PRINCIPLE OF ENDANGERMENT ORIENTATION--THE IDEA THAT DANGEROUS ACTIVITY (SUCH AS DRUNKEN DRIVING) SHOULD BE PUNISHED REGARDLESS OF WHETHER IT RESULTS IN DAMAGE. ALTHOUGH THE COMMITTEE FOCUSED ON CONCEPTS OF CRIMINALITY, IT ALSO DEALT WITH THE SYSTEM OF SANCTIONS, COUNSELING RESTRAINT, PROPORTIONALITY, EQUALITY, AND ECONOMY IN THE APPLICATION OF PENALTIES. THE COMMITTEE PROPOSED FOUR GENERAL SANCTIONS: IMPRISONMENT, MANDATORY REPORTING, FINES, AND PUNITIVE WARNINGS. THE REPORT ALSO INTRODUCED A SOMEWHAT TECHNICAL PROPOSAL FOR LIMITING DISPARITY IN THE USE OF 'LATITUDES' IN SENTENCING. THE FOLLOWING CATEGORIES OF PUNISHMENT LATITUDE WERE ESTABLISHED AND ASSIGNED TO SPECIFIC OFFENSES: IMPRISONMENT FOR 2 TO 10 YEARS, IMPRISONMENT FOR 8 MONTHS TO 4 YEARS, IMPRISONMENT FOR UP TO 2 YEARS OR A FINE, AND IMPRISONMENT FOR UP TO 60 DAYS OR A FINE. THE COMMITTEE DID NOT DRAFT AN ACTUAL PENAL CODE, BUT IT DID OFFER A GENERAL PLAN FOR RESTRUCTURING THE EXISTING CODE BY LISTING SPECIFIC OFFENSES (AND THEIR PROPOSED PUNISHMENT LATITUDE CATEGORIES) UNDER 29 CLASSIFICATIONS: OFFENSES AGAINST HUMANITY, OFFENSES ENDANGERING FINLAND'S INTERNATIONAL RELATIONS, OFFENSES ENDANGERING SOCIAL ORDER, OFFENSES ENDANGERING DEMOCRACY OR FREEDOM OF POLITICAL ACTIVITY, OFFENSES AGAINST ECONOMIC LAWS, OFFENSES AGAINST PUBLIC ECONOMY, OFFENSES DIRECTED AT THE ADMINISTRATION OR ENFORCEMENT OF JUSTICE OFFENSES HINDERING THE PERFORMANCE OF OFFICIAL FUNCTIONS, OFFENSES AGAINST GENERAL ORDER, OFFENSES COMMITTED IN OFFICE OR PUBLIC DUTY, MILITARY OFFENSES, EMPLOYMENT OFFENSES, ECOLOGICAL OFFENSES, OFFENSES VIOLATING DOMESTIC SAFETY, OFFENSES AGAINST LIFE AND HEALTH, OFFENSES AGAINST FREEDOM OF MOVEMENT, INFRINGEMENT OF HONOR AND PRIVACY, SEXUAL OFFENSES, ALCOHOL AND NARCOTICS OFFENSES, TRAFFIC OFFENSES, ROBBERY, EXTORTION AND OVERCHARGING, THEFT, EMBEZZLEMENT, AND UNAUTHORIZED APPROPRIATION, FENCING, DAMAGE TO PROPERTY, FRAUD, OFFENSES BY A DEBTOR, SPECULATION OFFENSES, AND FORGERY. (LKM)