Secondary abstract: |
In this master’s thesis, the author discusses the regulation of alternative sentencing in the Slovenian legal order and selected countries in Europe and Latin America. In the early chapters the reader is first acquainted with the basic concepts related to criminal sanctions, the characteristics of criminal sanctions and the purposes of punishment. This is followed by the review of international legal documents regulating alternative penalties and which can assist the countries in regulating the alternative sanctions, since they serve as minimum standards and guidelines that should be respected in the execution of criminal penalties. The chapter is followed by a presentation of the regulation of alternative sentencing in Slovenia, including the practical problems with which the courts are dealing and the consequences of an uncoordinated and non-existing legal regulations. Since, in theory, the effectiveness of criminal sanctions is often showed through the rate of recidivism, the link between recidivism and alternative sanctions as compared with custodial sentence is also studied. Then follows the discussion of electronic monitoring as an alternative sentence, which was first developed in the United States and has soon spread to Europe. Examples of countries that are, in literature, often highlighted as primary examples of the effective use of electronic monitoring, are exposed, namely Denmark, Norway, and Sweden. The reader is also informed with the dilemmas, which are normally associated with electronic surveillance. In addition, the author considers the question of a possible introduction of electronic surveillance in the Slovenian criminal justice system. Finally, the author discusses the regulation of alternative sanctions in Belgium, the Czech Republic, France, Croatia, Mexico, and Brazil. In the final part of the thesis, the initial hypotheses and other concluding thoughts are being reviewed and discussed. |