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Detterence and incapacitation effects of the criminal sanctions
Detterence and incapacitation effects of the criminal sanctions

Author(s): Vesna Stefanovska, Nataša Jovanova
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: deterrence; incapacitation; crime prevention; punishment; offenders;

Summary/Abstract: When we study prevention as a broad approach and response to crime, we inevitable study preventive role of the criminal justice system which can be seen through a number of interventions and processes. Those are: processes of criminalization, tightening the penal policy, imposition of criminal sanctions, as well as through the process of their execution. All those processes and interventions can exert preventive influence through the effects of incarceration and incapacitation, general and special deterrence, rehabilitation and increased supervision and control over the offenders in the community. But their positive impact is put under question and in this regard, in this article, we open up current debates about the crisis of legitimate of preventive effects of the punishment. In addition, a special emphasis is given to the Macedonian criminal justice reforms in the last decade. Brief analysis of the new amendments of the Criminal code (increased incriminations, prescribing more severe penalties and the introduction of new criminal sanctions) will show that crime and crime control are dynamic phenomena, susceptible of modern and global processes in society. However, the current system of crimes and punishments in the country opens up a number of questions: whether the new incriminations and additional criminal legal protection of certain values (family and children) can make a special and general preventive effect or whether the new incriminations have deterrent effect on offenders and potential offenders? In the absence of appropriate research and research results in our country, this article open up several concerns and issues which are challenge for further studies by the scholars and other professionals in this area.

  • Issue Year: 2017
  • Issue No: 01
  • Page Range: 62-75
  • Page Count: 14
  • Language: English