NCJ Number
49498
Journal
Revue de science criminelle et de droit penal compare Issue: 1 Dated: (JANUARY-MARCH 1978) Pages: 133-136
Date Published
1978
Length
4 pages
Annotation
PROMOTION OF FURTHER VARIETY IN SENTENCING OPTIONS FOR THE FRENCH PENAL CODE IS SUPPORTED THROUGH A DESCRIPTION OF WEEKEND SENTENCES USED IN MONACO.
Abstract
WEEKEND SENTENCES PROVIDE THE LEGAL SYSTEM OF MONACO WITH ANOTHER OPTION FOR CLOSE CORRESPONDENCE BETWEEN INFRACTION AND PENALTY. PERSONS CONVICTED AS SUCH ARE NEITHER EXCUSED FROM THEIR DAILY WORK NOR ARE THEY 'DESOCIALIZED.' THE ARGUMENT LEVELED AGAINST INCLUSION OF SUCH AN OPTION IN FRENCH LAW RELATES IN PART TO CORRECTIONAL PERSONNEL WHO DO NOT WISH TO SEE A SWELLING OF THE SUNDAY INMATE RANKS. THIS ARGUMENT, HOWEVER, IS ILLOGICAL, AS ALLOWING WEEKEND SENTENCES MERELY RELIEVES CORRECTIONS PERSONNEL OF HAVING THE INMATES FOR THE ENTIRE WEEK. ALTHOUGH THE FRENCH PENAL CODE ALLOWS FOR SUSPENDED OR SPLIT SENTENCES, THESE OPTIONS WOULD NOT ACHIEVE THE EFFECT OF WEEKEND SENTENCES UNLESS (1) IN SENTENCE SUSPENSION, THE SENTENCING JUDGE WOULD MAKE A DECISION EVERY MONDAY MORNING TO SUSPEND ENFORCEMENT OF THE SENTENCE UNTIL SUNDAY; (2) IN SPLITTING OF SENTENCES, SINCE THE SENTENCE IS NOT ENTIRELY CARRIED OUT BY FRACTIONS BUT ONLY SERVED FROM SATURDAY THROUGH MONDAY, IT BECOMES A QUESTION OF REMISSION OF PENALTY FOR THE DAYS MONDAY THROUGH SATURDAY, NOT A QUESTION OF SENTENCE SPLITTING; AND (3) ON A SCALE OF SEVERITY, WEEKEND SENTENCES WOULD FALL SOMEWHERE IN BETWEEN SUSPENDED SENTENCES WITH PROBATION AND SEMILIBERTY. WEEKEND SENTENCES WOULD PERMIT JUDGES TO ACHIEVE THE SAME RESULTS AS A CONVOLUTED MIXTURE OF OTHER DEVICES WITHOUT COMPROMISING THE OFFENDER'S PROFESSIONAL AND SOCIAL RELATIONSHIP TO THE OUTSIDE WORLD. THE TEXT OF THE FRENCH PENAL CODE DEALING WITH THE OPTIONS FOR SUSPENDED, SPLIT, AND CONDITIONAL SENTENCING IS INCLUDED. --IN FRENCH. (MHP)