Damage Compensation in the Context of Alternative Punishment
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Abstract
This article presents an analysis of the problem of the damage compensation in the criminal lawand the juridical practice. The compensation of the damage, caused by criminal acts, is presumed as one of the main purposes of criminal justition and in the same time is a very important criterium of the effectiveness of the juridical system.
According to the recomendations of the European Commission, there it is necessary to state the origin of a damage and evaluate the damage, include the compensation of the damage in the punishment, and state the priority of the damage compensation before the other kinds of the punishment. So the damage compensation should be involved as a part of the sentence.
This condition is very important in order to restore the equilibrium, broken by crime, and also provide the punishment with the economic usefulness.
Evidently, suspended sentence and the other kinds of punishment without isolation from community seemed to be the best way to give offender an opportunity to compensate damage.
The statistic data enclosed illustrate, that in the sense of damage compensation the punishment within community is more effective, than inprisonment. But thesentence conditions depend on if the offender compensated the damage or not, and so to stimulate the compensation proccess. The statistic data also illustrate, that procentage of the damage compensated is greater, if conditions of suspended sentence is more imperative in the terms of compensation.
The effectiveness of the damage compencation is influenced not only by criminal law, but also by court practice. After the term of suspention is ended, the court evaluates, if the sentenced acted correspondingly with the conditions of the sentence or not. If the sentenced has compensated the damage fully or partially, the sentence could be eliminated. The article also proposes an analysis of applying the law in some cases, contenting suspended sentence and condition of damage covering.
According to the recomendations of the European Commission, there it is necessary to state the origin of a damage and evaluate the damage, include the compensation of the damage in the punishment, and state the priority of the damage compensation before the other kinds of the punishment. So the damage compensation should be involved as a part of the sentence.
This condition is very important in order to restore the equilibrium, broken by crime, and also provide the punishment with the economic usefulness.
Evidently, suspended sentence and the other kinds of punishment without isolation from community seemed to be the best way to give offender an opportunity to compensate damage.
The statistic data enclosed illustrate, that in the sense of damage compensation the punishment within community is more effective, than inprisonment. But thesentence conditions depend on if the offender compensated the damage or not, and so to stimulate the compensation proccess. The statistic data also illustrate, that procentage of the damage compensated is greater, if conditions of suspended sentence is more imperative in the terms of compensation.
The effectiveness of the damage compencation is influenced not only by criminal law, but also by court practice. After the term of suspention is ended, the court evaluates, if the sentenced acted correspondingly with the conditions of the sentence or not. If the sentenced has compensated the damage fully or partially, the sentence could be eliminated. The article also proposes an analysis of applying the law in some cases, contenting suspended sentence and condition of damage covering.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
