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Journal articles on the topic 'Alternative sentence to imprisonment'

Author: Grafiati

Published: 22 June 2024

Last updated: 31 July 2025

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1

Terblanche, Stephan S. "The Child Justice Act: Procedural Sentencing Issues." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (2017): 320. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2314.

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In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is

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2

Holmboe, Morten. "Alternative Sentence of Imprisonment for Unpaid Fines." Federal Sentencing Reporter 31, no. 1 (2018): 48–51. http://dx.doi.org/10.1525/fsr.2018.31.1.48.

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Gunawan, Teng Junaidi, and Muhammad Sholehuddin. "Nonequivalence Between Imprisonment and Fines in United States Sentencing Guidelines." Journal of Law and Sustainable Development 11, no. 9 (2023): e512. http://dx.doi.org/10.55908/sdgs.v11i9.512.

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Objective: Seeking rational uniformity and proportionality of sentencing in United States Sentencing Guidelines. The United States has been establishing and updating its sentencing guidelines and structure based on the Sentencing Reform Act since 1984, aiming to improve the ability of the criminal justice system to fight crimes through an effective and fair sentencing system. Thus the objective here is to evaluate whether that aim has been met. Method: Through normative research, the economic analysis of law was utilized to study the sentencing in the 2021 United States Sentencing Guidelines a

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Jocić, Dragan. "PRILOG RASPRAVI O KAZNI DOŽIVOTNOG ZATVORA I MEĐUNARODNIM PRAVNIM STANDARDIMA." Journal of Criminology and Criminal Law 59, no. 1 (2021): 173–84. http://dx.doi.org/10.47152/rkkp.59.1.7.

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The latest amendments to the Criminal Code of the Republic of Serbia have quite a lot of controversy among the professional public. The subject of this paper is a critical review of various propositions for overcoming legislative omissions in relation to the sentence of life imprisonment without conditional release for certain criminal offences. Furthermore, this paper deals with prison sentences for crimes for which the conditional release is legally excluded. The intention is to encourage the professional public to find the best solutions for overcoming legally untenable prohibition of condi

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Lešková, Lýdia, Lenka Haburajová Ilavská, and José García Martín. "Alternative Punishment as a Suitable Alternative to Imprisonment." Journal of Education Culture and Society 13, no. 2 (2022): 39–54. http://dx.doi.org/10.15503/jecs2022.2.39.54.

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Aim. The philosophy of alternative punishment is based on keeping the convicted person free, while imposing a punishment that will act preventively against committing another felony. The paper focuses on perceiving the importance of alternative punishment as part of restorative justice, and on presenting the results of the questionnaire survey which aimed to identify the public´s preferences in the context of various forms of alternative punishments as an option, instead of imprisonment. Attention is paid to three alternative punishments, specifically: community service, house arrest, and mone

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Samim, Rohullah. "Alternative Punishments to Imprisonment in Afghanistan Criminal Law." Indiana Journal of Humanities and Social Sciences 6, no. 2 (2025): 9–14. https://doi.org/10.5281/zenodo.14889439.

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<strong>Abstract: </strong>Imprisonment alternatives, based on Article 148 of the Penal Code, Criminal Law of Afghanistan, are defined as punishments on convicted persons by a competent court. They include, among others, probation, community service, deprivation of social rights, and house arrest. The current research aimed to explain the alternative punishments of imprisonment in the criminal law of Afghanistan and providing alternative solutions to reduce the problems caused by prison overcrowding and improve the conditions for the rehabilitation and reformation of offenders, which have been

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Leka, Adrian. "Impact of Offenses in Alternative Sentences." European Journal of Language and Literature 7, no. 1 (2017): 135. http://dx.doi.org/10.26417/ejls.v7i1.p135-139.

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Alternative sentences prevent violence and help the community. Prison is known as a place where people are confined and restricted from personal freedom. There are a lot of crime categories where exists different type of offenders, but on the other hand there are a lot of solutions for each of them .Imprisonment is not always the only way to punish an offender. As alternative sentences we can list some of them: a suspended sentence, probation, fines, restitution, community service and deferred adjudication/pretrial diversion. Alternative sentences can be different based on the type and harshne

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Paulina Wiktorska. "Prawo penitencjarne na tle innych gałęzi prawa i wybranych problemów polityki karnej i penitencjarnej." Archives of Criminology, no. XXXV (January 1, 2013): 377–90. http://dx.doi.org/10.7420/ak2013m.

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The article consists of two parts. The first systematises definitions of penitentiary law and presents relations between penitentiary law and other branches of law and fields of science. The voices in discussion on penitentiary law sometimes differ, even in such basic issues as the scope of the very term. This sometimes gives rise to difficulties in qualifying particular provisions to a particular branch of law and causes doubts which rules to apply to particular institutions. Relations between penitentiary law and executive penal law, procedural law, penitentiary science and penal and peniten

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Kantorowicz-Reznichenko, Elena. "Cognitive Biases and Procedural Rules: Enhancing the Use of Alternative Sanctions." European Journal of Crime, Criminal Law and Criminal Justice 23, no. 3 (2015): 191–213. http://dx.doi.org/10.1163/15718174-23032068.

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The practice of short-term imprisonment has been long criticised due to its criminogenic effect and costs. To minimise its use, many European countries introduced alternative sanctions such as community service or home confinement with electronic monitoring. Unfortunately, in practice those sanctions are often imposed on non prison-bound offenders, a phenomenon termed ‘the net-widening problem’. Consequently, instead of reducing the prison population, the alternative sanctions substitute lighter punishments such as fines or conditional imprisonment. The discretion power whether to impose a pri

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Saputra, Romi. "The social work criminal law policy reduces the overcapacity of correctional institutions." Jurnal Cakrawala Hukum 13, no. 3 (2022): 308–15. http://dx.doi.org/10.26905/idjch.v13i3.6512.

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This study discusses the imposition of a sentence against a person who commits a crime which is a very important part of realizing a good criminal justice system, in this case, the judge must be able to choose the right type of punishment for the perpetrator. The alternative to imprisonment, in this case, social work punishment, provides for the fact that prison sentences are increasingly being criticized due to humanitarian considerations, philosophical considerations, and economic considerations. Criticism of the negative consequences of imprisonment has given rise to thoughts of looking for

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Zakiyah, Ninik. "HAZAIRIN DAN PENGHAPUSAN PIDANA PENJARA PENDEK." Al-Ahkam 26, no. 2 (2016): 249. http://dx.doi.org/10.21580/ahkam.2016.26.2.996.

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This writing describes Hazarin thought of the ineffectiveness of short imprisonment in Indonesia and the study of possibility replacement of short prison sentences with social penalties. Hazarin said that short imprisonment is ineffective to give deterrent effect, and may even lead to negative stigmas and consequences such as the prisoners will become more virulent after being released from prison, that make people reject the presence of ex-prisoners. Hazarin offers the concept of criminal work in the public interest without being paid in lieu of imprisonment. He also offers customary or Islam

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Momtaz, Mahmoud A. "Revisiting the Imprisonment Sentence under the Egyptian Competition Regime." World Competition 40, Issue 4 (2017): 637–54. http://dx.doi.org/10.54648/woco2017039.

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This article addresses the Egyptian competition regime’s adoption of type II errors (under enforcement) in hardcore cartel cases. This article provides an analysis of the Egyptian Cement Cartel Case, and draws general conclusions drawn from it. This article explores the extent to which the fine imposed in the aforementioned case (the maximum fine at the time) was sufficient enough to recoup the cartel’s overcharges and to create the necessary deterrence effect for future anticompetitive practices in general and from creating cartels in particular. This article further explores an alternative a

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Lorens, D. V., O. V. Shtykun, and A. A. Kemeniash. "APPLICATION OF ALTERNATIVE PUNISHMENTS (IN DIFFERENT COUNTRIES OF THE WORLD)." Scientific Herald of Sivershchyna. Series: Law 2023, no. 3 (2023): 49–60. http://dx.doi.org/10.32755/sjlaw.2023.03.049.

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The article examines the legal systems of European countries in terms of alternative punishments to deprivation of liberty. Legal systems of serving sentences mainly consist of criminal, criminal executive and penitentiary codes. It is they who determine the very system of punishments of the country, the procedure for serving punishments and the possibility of an alternative when choosing a punishment. Alternative punishments should be considered to be those that can replace imprisonment or restriction of liberty. An alternative such as probation is associated with restriction of freedom in Uk

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Vanduchová, Marie. "O systému trestů." AUC IURIDICA 52, no. 4 (2025): 7–42. https://doi.org/10.14712/23366478.2025.114.

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The article treats the evolution of the system of criminal punishment in the Czech Republic and selected European countries, the main focus being on the issue of alternative sentencing. The first part of the text brings forward the need of a balanced application of the two antithetical criminal policies that currently influence the penal system. On the one hand there is an effort to limit the unconditional prison sentence and to introduce various forms of alternatives to imprisonment; on the other hand, however, there is a call for more severe criminal sanctions. The second part of the text an

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Igrački, Jasmina. "Strict penalty policy: Challenges of international criminal law in crime prevention." Bezbednost, Beograd 64, no. 1 (2022): 179–90. http://dx.doi.org/10.5937/bezbednost2201179i.

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At the end of the 1980s, it was realized that the policy of punishment and institutions such as prisons were in a serious crisis, and that punishment did not achieve the proclaimed goals. The repressive concept of punishment has traditionally been resorted to, and it is still present in practice in most developed countries in the world. The application of a stricter concept of crime response did not significantly change the growth trend of crime; on the contrary, such an approach increased the number of prisoners to unsustainable limits for prison institutions. Starting from the effects of imp

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Berman, Douglas A. "A New Alternatives Agenda for the U.S. Sentencing Commission?" Federal Sentencing Reporter 36, no. 3 (2024): 111–13. http://dx.doi.org/10.1525/fsr.2024.36.3.111.

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The topic of alternatives to incarceration often seems at once forgotten and yet ever-present in the federal sentencing system. U.S. Sentencing Commission data indicate nine out of every ten federal sentences include terms of imprisonment, and yet the offenses and offenders in the federal system ought to permit great use of alternatives. This issue of FSR seeks to bring new attention to these topics, largely though the materials emerging from the Center for Justice and Human Dignity’s October 2023 “Rewriting the Sentence II Summit.” This event at George Washington University aspired to highlig

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Shaymaa Ibrahim Mahm and Zainab Mohammed Salih. "Alternative Sanctions and their Impact on Societal Security: A Field Study in the Directorate of Juveniles Reformatory in Baghdad." Journal of the College of Education for Women 34, no. 3 (2023): 69–101. http://dx.doi.org/10.36231/coedw.v34i3.1678.

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Crime is one of the most severe challenges facing States, and strives to find preventive measures, reduce its seriousness, and prevent them; due to developments, crimes have increased, and emerging new patterns of crimes, there is an urgent need to prevent crimes and reduce their effects. Modernizing its punitive system and diverting it to correctional rehabilitative justice to redress the prejudice caused by the crime and rehabilitate the convicted person by using alternative measures to short-term imprisonment. This research emphasizes alternative sanctions' value to minimizing short-term im

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Andrushko, A. V. "Practice of application of punishment for trafficking in human beings." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 148–56. http://dx.doi.org/10.24144/2788-6018.2021.03.28.

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The article established the peculiarities of the application of punishment for trafficking in human beings based on the analysis of 300 convictions passed for the period from 2010 to 2019, which came into force. To this end, it summarizes data on 430 convicts for this crime. The article clarifies the peculiarities of the consideration of the guilty person by courts, elaborates on the circumstances that mitigate and aggravate the punishment and draws attention to the main mistakes that occur during this process. It establishes that 98,8% of persons convicted of trafficking in human

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19

شریفی زیرکسار, حسین. "Sociological Analysis of Alternative Sanctions to Imprisonment in Afghanistan Criminal Justice System." ghalib quarterly journal 13, no. 2 (2024): 121–45. http://dx.doi.org/10.58342/ghalibqj.v.13.i.2.7.

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Imprisonment is one of the criminal reactions, which is applied to establishment of social order and ensure justice. Alternative punishments of imprisonment were proposed as a result of the emergence of critical criminology theories in the 19th century and de-imprisonment theories. According to the theories of the abolitionist schools, the movements of de-imprisonment and international documents, the Afghan legislator has determined the alternative punishments of imprisonment as the main punishment in 2016. The novelty of the alternative punishment of imprisonment as the main punishment in the

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20

Bülow, William. "Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction." Canadian Journal of Law & Jurisprudence 32, no. 02 (2019): 285–303. http://dx.doi.org/10.1017/cjlj.2019.16.

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AbstractImprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks being a disproportionate or inappropriate sanction, retributivists need to explain

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Lazić, Dragana, and Aleksandra Danilović. "Criminal sanctions in Serbia from 1945 to 2019." Bastina, no. 56 (2022): 257–73. http://dx.doi.org/10.5937/bastina32-36583.

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The subject of the paper includes the socio-criminological aspect of the development of criminal sanctions through the periods of state transformation of the Republic of Serbia from 1945 to 2019. The hypothetical assumption that started in the paper was that in the seventy-four-year period of functioning and action of Serbia, traditional criminal sanctions (imprisonment and suspended sentence) dominated and that due to social changes, the introduction of alternative criminal sanctions was delayed. The historical, statistical and comparative methods, as well as the operational method of documen

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22

Hoekman, Jan, and Gordana Krstić. "CONDITIONAL RELEASE: POSSIBILITIES AND OBSTACLES IN SERBIA AND THE NETHERLANDS." Journal of Criminology and Criminal Law 60, no. 1 (2022): 39–60. http://dx.doi.org/10.47152/rkkp.60.1.3.

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This paper analyses the concept of conditional release in the Netherlands and Serbia, to provide a comparative overview of the two legal systems, and to suggest how legal solutions could be improved. Conditional release is functionally correlated with imprisonment as the main criminal sanction, entailing the deprivation of liberty, whilest, it is also an alternative to imprisonment. It creates the possibility for the convicted person to be released from prison before they have fully served their sentence, provided that certain conditions are met. While serving the sentence, the convicted perso

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May, David C., Peter B. Wood, Jennifer L. Mooney, and Kevin I. Minor. "Predicting Offender-Generated Exchange Rates: Implications for a Theory of Sentence Severity." Crime & Delinquency 51, no. 3 (2005): 373–99. http://dx.doi.org/10.1177/0011128704271459.

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We solicited offender-generated exchange rates between prison and several noncustodial sanctions from a sample of 588 offenders currently serving community-based punishments. We then regressed these exchange rates on demographic, attitudinal, and correctional experience indicators. Males, Blacks, older offenders, offenders with prison experience, and those who agree most strongly with reasons to avoid alternative sanctions are likely to serve less of a given alternative to avoid imprisonment. In addition, offender-generated exchange rates are used to develop a ranking of sanction severity that

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Choi, Dae-Ho. "Legislation on life imprisonment without parole and its justification: Based on recent developments in life imprisonment in the U.S." Kyung Hee Law Journal 58, no. 3 (2023): 3–34. http://dx.doi.org/10.15539/khlj.58.3.1.

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In recent years, there has been an increase in citizens’ anxiety about violent crimes due to ‘abnormal motives’ resulting in murders and indiscriminate violent crimes. As one of the measures, the government (Ministry of Justice) is seeking to establish a so-called “Life imprisonment without parole”. However, there has not been sufficient discussion and social consensus on issues such as whether the system contributes to reducing the rate of violent crime over the introduction of life imprisonment without parole, whether it may violate the Constitution, which values human dignity as the h

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Ikanović, Veljko. "Alternative Sanctions in the Gap Between the Law and Reality / Alternativne sankcije u raskoraku između normativnog i stvarnog." Годишњак факултета правних наука - АПЕИРОН 5, no. 5 (2015): 124. http://dx.doi.org/10.7251/gfp1505124i.

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This paper deals with some alternative sanctions of the criminal legislation in Bosnia and Herzegovina. Author pays attention to, first of all, replacing short-term imprisonment with the common good in freedom and house arrest with electronic surveillance, which was recently introduced in the Federation of Bosnia and Herzegovina, and the replacement of short-term prison sentence with a fine. Pointing out the scientific understanding of the need for the development and introduction of alternative sanctions and binding international documents, he examines the limitations of the existing legal de

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Musa, M., Sonny Zulhuda, Endri Endri, Heni Susanti, and Kasmanto Rinaldi. "Guidelines for Implementing Imprisonment Sentences with Single Formulation (A Critique of Book I of the National Criminal Code)." LAW REFORM 20, no. 1 (2024): 106–34. http://dx.doi.org/10.14710/lr.v20i1.52851.

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The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the formulations of single and alternative penalties for criminal acts in the provisions of the National Criminal Code. This paper aims to conduct a theoretical study on the formulation of the criminal system from the guidelines for implementing prison sentences with a single formulation contained in Book

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Parker, Robin, Kathy Ferguson, Rob Canton, and Olivia Klevan. "The Development of Alternative Sentences to Imprisonment in Ukraine." Criminal Justice Matters 44, no. 1 (2001): 30–31. http://dx.doi.org/10.1080/09627250108552903.

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Pebrianto, Roli. "Reformulasi Sanksi Pidana bagi Pelaku Eutanasia dalam Hukum Pidana Indonesia." Kajian Ilmiah Hukum dan Kenegaraan 1, no. 2 (2023): 87–94. http://dx.doi.org/10.35912/kihan.v1i2.1925.

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Purpose: To find out about eutanasia from the perspective of legal protection and human rights; as well as criminal law policies related to sanctions for eutanasia perpetrators in Indonesia. Research Methodology: The method used in this research is normative legal research, while the approach used is a statute approach, namely the Indonesian Criminal Code. Results: Prison sentence arrangements for doctors who practice active eutanasia need to be considered and studied further which must accommodate many things including the doctor's obligation to cure patients on the one hand, while on the oth

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Hamdamiyan, Ahmad, and Ahmad Reza Behniafar. "Alternative Theoretical Foundations of Penal Sentences in Criminal Law with Regard to Iran's Islamic Penal Code 1392." Journal of Politics and Law 9, no. 3 (2016): 40. http://dx.doi.org/10.5539/jpl.v9n3p40.

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<p>The failure of penalties depriving liberty in the social rehabilitation of offenders and to reduce the jail population and prevention of recidivism and reduce the costs of implementing the policy of freedom depriving punishment sentence depriving freedom of recent decades and the United Nations was considering legal systems.In depriving Iran from its initial rounds of legislative measures to restrict the scope of punishment was considered free.since 1370 substitution of alternative measures of punishment now widely spread than ever before converting a penalty in the form of suspension

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Пушкарева, Ирина Александровна, and Любовь Николаевна Одинцова. "Female imprisonment in some foreign countries: causes, problems and implementation alternatives." Vestnik Kuzbasskogo instituta, no. 2(47) (June 25, 2021): 80–90. http://dx.doi.org/10.53993/2078-3914/2021/2(47)/80-90.

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В статье рассматриваются проблемные вопросы увеличения количества женщин, отбывающих наказание в виде лишения свободы, приводится статистика заключенных женщин в разных странах мира (в зарубежных странах), выделяются основные факторы роста их числа, рассматриваются негативные последствия тюремного заключения для женщин. Авторами предпринята попытка обосновать комплекс возможных мер для сокращения числа женщин, приговоренных к лишению свободы за рубежом, на основе исследования причин и неблагоприятного воздействия заключения на последующую реинтеграцию женщин в общество, а также условий их соде

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Sallahudin, Sallahudin, and Mitro Subroto. "PENERAPAN PIDANA SEUMUR HIDUP BAGI NARAPIDANA DI INDONESIA." Journal Justiciabelen (JJ) 3, no. 1 (2023): 23. http://dx.doi.org/10.35194/jj.v3i1.1804.

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ABSTRAK Pembenaran untuk plot atau Pengertian kejahatan adalah perbuatan yang melakukannya. Setiap pelanggaran harus mengarah pada penuntutan terhadap pelakunya. Dasar dari pembebasan pidana adalah kategori imperatif yang membutuhkan kompensasi untuk setiap pelanggaran hukum. Keadilan dan pembayaran kembali yang sah merupakan kebutuhan yang mutlak, sepanjang tidak dapat dicabut pengecualian atau pembatasan yang semata-mata berdasarkan tujuan. Tujuan penelitian ini adalah untuk menetapkan bagaimana ketentuan yang mengatur pidana Hukum pidana menggunakan hukuman seumur hidup dan bagaimana penera

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Карханина, Людмила Владимировна. "EXECUTION OF SOME TYPES OF ALTERNATIVES TO IMPRISONMENT WITH RESPECT TO JUVENAIL OFFENDER BY PENITENTIARY INSPECTION." Vestnik Samarskogo iuridicheskogo instituta, no. 1(37) (June 17, 2020): 133–39. http://dx.doi.org/10.37523/sui.2020.37.1.019.

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В современных условиях расширяется практика применения судами наказаний, альтернативных лишению свободы, в отношении несовершеннолетних. Это объясняется гуманизацией уголовной политики Российской Федерации, что соответствует рекомендациям общепризнанных международных актов и стандартов в области обеспечения прав несовершеннолетних правонарушителей. Таким образом, возникает объективная необходимость в ограничении применения к несовершеннолетним реального лишения свободы. Это в свою очередь должно повлечь за собой существенное расширение мер, не связанных с изоляцией осужденного от общества. Уго

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Kolesnikova, Natalya, and Alexander Agrashenkov. "Psychoeducational Work Techniques in the Context of Executing Punishments, Which Are Alternative to Imprisonment: Historical Aspect." Administrative Consulting 97, no. 2 (2017): 44–50. https://doi.org/10.5281/zenodo.14959357.

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Nowadays application of punishments, which are alternative to imprisonment, is developing in the Russian Federation. Russia has rather successful experience of implementing such punishments. Efficiency of suspended sentence and conditional release is confirmed by the fact that recidivism among probationers during having a record in special commandant’s offices didn’t exceed 3%; within the next three years after deregistration — 5–6%.Psychological follow-up of the Corrective Services (CS) activity has begun rather recently. In CS departments the psych

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Einat, Tomer. "How Effective is Criminal Fine Enforcement in the Israeli Criminal Justice System?" Israel Law Review 33, no. 2 (1999): 322–38. http://dx.doi.org/10.1017/s0021223700016009.

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Over-burdening of the prison system and serious reservations as to the usefulness of the prison sentence as a means of reducing crimes rates have led penologists and policymakers to seek ways to broaden the repertoire of criminal punishments available to the courts. In the search for effective and affordable sentencing policies, there has been increasing interest in the development and elaboration of intermediate sanctions as part of a menu of sentencing choices that match the severity of punishment to the seriousness of the crime.This trend is clearly reflected in the development of the penal

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Stankevič, Adam. "The Punishment of Murderers in the Noble Courts of the Grand Duchy of Lithuania in the Second Half of the 18th Century." Lithuanian Historical Studies 24, no. 1 (2020): 31–60. http://dx.doi.org/10.30965/25386565-02401002.

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This article gives an analysis of the punishment the noble courts of the Grand Duchy of Lithuania applied to murderers in the second half of the 18th century, where the noble courts acted as courts of first instance in hearing murder cases. The author aims to determine the catalogue of punishments applied in such cases and the trends in the application of punishments in terms of how they conformed with the valid legal norms of the day, and search for manifestations of the humanisation of the law. After an examination of 184 verdicts, the author found that in cases of wilful murder, the noble c

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Evan Bonatua Pasaribu, Rodo, Rani Hendriana, Dwi Hapsari Retnaningrum, and Jaco Barkhuizen. "Revisiting Conditional Punishment Jurisdiction in Child Abuse Cases (Study Decision Number X/Pid.Sus-Child/2021/PN.Pwt)." Jurnal Hukum In Concreto 3, no. 2 (2024): 162–85. http://dx.doi.org/10.35960/inconcreto.v3i2.1522.

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The Criminal Code (KUHP) has regulated alternative sanctions for imprisonment in criminal criminal practices, namely conditional sentences as regulated in Articles 14a to Article 14f of the Criminal Code. One of the sentences related to conditional criminal sentences is Decision Number X/Pid.Sus-Anak/2021/PN.Pwt. This research aims to find out the legal considerations of judges in imposing conditional criminal sanctions on defendants in the Purwokerto District Court Decision Number X/Pid.Sus-Anak/2021/PN Pwt. The approach method used in this research is normative juridical with prescriptive re

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Afrizal, Riki, Tenofrimer, and Diana Arma. "Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences)." Ekasakti Journal of Law and Justice 3, no. 1 (2025): 41–48. https://doi.org/10.60034/7x177n34.

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The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discus

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Faizah, Dian Dwi Alifatul. "Implementasi Teori Hudud Menurut Pemikiran Muhammad Syahrur terhadap Upaya Pencegahan Tindak Pidana Korupsi di Indonesia." Al-Jinayah Jurnal Hukum Pidana Islam 4, no. 2 (2018): 360–82. http://dx.doi.org/10.15642/aj.2018.4.2.360-382.

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This article discusses the Implementation of Hudud Theory According to Muhammad Syahrur's Thought on Corruption Prevention Efforts in Indonesia. The theft of state money or commonly referred to as corruption according to Syahrur can be subjected to a maximum sentence of the opposite hand cut, the cross, exile or life imprisonment and the death penalty which is annihilated by hirabah. The Syahrur Hudud theory can be applied as a legal alternative for perpetrators of corruption in an effort to prevent corruption in Indonesia. The Shahrur Theory has similarities in the law that apply to corruptor

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Fahreshi Arya Pinthaka, Ali Masyhar, and Cahya Wulandari. "Implementation of Community Service Order Based on Law Number 1 of 2023 In The Perspective of Justice And Legal Expediency." KRTHA BHAYANGKARA 18, no. 1 (2024): 141–54. http://dx.doi.org/10.31599/krtha.v18i1.1641.

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This research is related to the reform of criminal law in Indonesia through community service order as an alternative to imprisonment. The type of research used in this study is normative legal research. The specifications used in this legal research are descriptive analytical, with a statute approach and a conceptual approach. The types of legal materials used in this research are primary and secondary legal materials. The method of collecting legal materials used by the author in this research is literature study. The method of legal material analysis conducted in this research uses qualitat

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Muharnina, Yusi, Muhammad Kadafi, and Jummaidi Saputra. "Disparity in Judges' Decisions in Sexual Harassment Cases: A Juridical Analysis of Caning and Imprisonment Sentences in the Mahkamah Syar'iyah." Jurnal Mediasas: Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah 8, no. 1 (2025): 76–94. https://doi.org/10.58824/mediasas.v8i1.224.

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A judge in the Mahkamah Syar'iyah handed down different sentences in cases of sexual harassment. In Case Decision Number 6/JN/2019/MS.Mbo, the judge imposed a sentence of 30 lashes, while in Case Decision Number 7/JN/2017/MS.Mbo, a prison sentence of 24 months was given. This research aims to analyze the judge's considerations in imposing caning and imprisonment as well as the legal review of these punishments. The research method used is normative juridical research with the aim of uncovering the judge's considerations in delivering the verdicts. The legal materials used include primary, seco

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Md Abdul Salam, Nur Zulfah, Norazla Abdul Wahab, and Hammad Mohamad Dahalan. "COMPULSORY ATTENDANCE ORDER AS A REHABILITATION SENTENCE FOR SYARIAH OFFENDERS." International Journal of Law, Government and Communication 8, no. 32 (2023): 124–37. http://dx.doi.org/10.35631/ijlgc.832011.

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Syariah criminal proceedings in the Syariah Court are carried out through the provisions specified in the respective state's criminal procedure statute. State Syariah courts in adjudicating syariah criminal cases in Malaysia will impose punishment on offenders based on the rate and form of punishment that has been stated in the Jurisdiction of Syariah Courts Jurisdiction (Amendment 1965) Act or Act 355. The punishments imposed are fines, flogging and imprisonment. However, there is no practice of rehabilitative punishment given to offenders due to the ambiguity in the existing legal provisions

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Wolf, Elaine, and Marsha Weissman. "Revising Federal Sentencing Policy: Some Consequences of Expanding Eligibility for Alternative Sanctions." Crime & Delinquency 42, no. 2 (1996): 192–205. http://dx.doi.org/10.1177/0011128796042002002.

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Although the Sentencing Reform Act of 1984 advocated the use of “least restrictive alternatives,” the U.S. Sentencing Commission has devised guidelines that authorize prison for all felony convictions. Nonincarcerative sentences are available for low-level offenders, but research has shown that the use of probation and other alternative sanctions has declined since the full-scale adoption of the guidelines in 1989. Applying criteria for imposing sentences of imprisonment adopted by the National Council on Crime and Delinquency to U.S. Sentencing Commission data from 1992 and 1993, we show that

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Michalov, L., and D. Treshchakova. "Ethical aspects and personal data protection in the execution of home prison penalty." Courier of Kutafin Moscow State Law University, no. 2 (April 10, 2020): 160–72. http://dx.doi.org/10.17803/2311-5998.2020.66.2.160-172.

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The home prison penalty is currently a part of the sanction system in the Slovak Republic and serves as a manifestation of so-called restorative justice. Restorative justice is represented by alternative sentences that are distinguished from real imprisonment for minor oﬀences. Alternative penalties may include penalties that do not involve the deprivation of liberty associated with the isolation of a convicted person. The advantage of alternative sentences is that the oﬀender is spared the destructive eﬀects of imprisonment. The oﬀender is not exposed to the negative aspects of this punishmen

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Stepashin, V. M. "The Criminal Code of Mongolia. The General Part. Punishment." Law Enforcement Review 9, no. 2 (2025): 108–17. https://doi.org/10.52468/2542-1514.2025.9(2).108-117.

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The subject. The Criminal Code of Mongolia, as one of the newest criminal laws, needs to be studied.The purpose of the study is to identify the features of criminal punishment and its appointment in Mongolia.The author uses method of formal legal interpretation of Mongolian Criminal Code. Main results: (1) Criminal liability in Mongolia consists of punishments and coercive measures. Its goals include: punishment, restoration of rights violated by a crime, and compensation for damage or prevention of new crimes, as well as re-socialization. (2) The system of punishments has been significantly s

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Satriadi, Satriadi. "The Problematics of Crimination of Self Narcotics Abusers." Al-Bayyinah 5, no. 2 (2021): 186–95. http://dx.doi.org/10.35673/al-bayyinah.v5i2.1825.

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The problematics of crimination of self narcotics abusers in Law no. 35 of 2009 Concerning Narcotics is now an actual issue that must get a legal conclusion. The response to narcotics abuse for oneself is urgent to be interpreted in a legal framework by revealing factual and representative answers. This research is classified as normative research, the data obtained through literature study, by collecting primary, secondary, and tertiary legal materials using a statutory approach and a conceptual approach. The analysis used in the form of qualitative normative then described in descriptive ana

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Asphianto, Aan. "Criminal Law Study on the Effectiveness of Prison Criminal in the Settlement of General Criminal Actions Related to the Indonesian Criminal Justice System." Global Journal of Politics and Law Research 11, no. 3 (2023): 54–71. http://dx.doi.org/10.37745/gjplr.2013/vol11n35471.

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The effectiveness and negative consequences of imprisonment have led to a new wave of penal policies, namely the tendency to avoid or limit the use of imprisonment and to improve the implementation of imprisonment. In other words, the study of criminal law on alternative crimes is intended for crimes that are classified as minor and one of the considerations is to address prison overcapacity. The problem of overcapacity of prisons is related to the judicial process of criminal cases, especially general crimes that are classified as light, because the criminal system itself causes problems due

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Abdelaziz, Dalia Kadry Ahmed. "The crisis of the modern penal systems and the excessive provision of the prison sentence—The negative implications and the solution." Journal of Infrastructure, Policy and Development 8, no. 15 (2024): 9618. https://doi.org/10.24294/jipd9618.

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This paper aims to show the crisis of contemporary criminal systems, however legislative excess of stipulating the penalty of imprisonment, as a penalty depriving freedom, while sometimes stipulating the penalty of imprisonment is mandatory, rather combining it with other penalties, and more than that, depriving the judge of his discretionary power in determining the punishment, this threatens the theory of individualized punishment in a fatal way, so as a result, prisons are overcrowded with inmates, which places a heavy burden on the state from an economic perspective that exhausts and drain

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Nepomnyashchaya, Tatiana Viktorovna. "PROBLEMS OF IMPOSITION OF CRIMINAL PUNISHMENT ALTERNATIVE TO IMPRISONMENT." Law Enforcement Review 2, no. 2 (2018): 80–89. http://dx.doi.org/10.24147/2542-1514.2018.2(2).80-89.

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The subject. The article is devoted to problems of appointment some criminal punishments alternative to the deprivation of liberty by courts in Russian Federation. The author gives an answer to the question, why punishments not related to imprisonment in the Russian Federation, especially deprivation of the right to occupy certain positions or engage in cer-tain activities, corrective labor, restriction of freedom, forced labor, are rarely appointed by courts, and the most common alternative punishments are only fine and mandatory work.Methodology. Author uses such researching methods as analy

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Himawan, Yuniar Yudha, Moh Muhibbin, and Budi Parmono. "Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors." JURNAL USM LAW REVIEW 8, no. 1 (2025): 1–16. https://doi.org/10.26623/julr.v8i1.11281.

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The purpose of this research is to compare judges' decisions that give different sentences for the same criminal offense. Judges' decisions often provide different sentences for the same criminal offense because the positive criminal system in Indonesia uses an alternative system. This research raises the issue of why there is criminal disparity in the Supreme Court's decision related to the crime of sexual intercourse with a minor and how to reduce criminal disparity related to this crime. The urgency of this research is to find out and explain the imposition of criminal law, compare judges'

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А. B., Skakov. "PROGRESSIVE SYSTEM OF EXECUTION OF DETENTION OF FREEDOM AND PROSPECTS OF ITS APPLICATION IN KAZAKHSTAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 1 (2020): 47–62. http://dx.doi.org/10.32755/sjcriminal.2020.01.047.

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The article formulates the author`s definition of the progressive system: “The progressive system is a complex intersectoral institution of criminal and criminal and executive law, including several independent institutions, in the process of applying which the legal status of the convict changes depending on the degree of its correction in the direction of either expansion or restriction of the volume of his rights”. It is noted that in the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional institution, the progre

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