Samenvatting
The modern Dutch sanctioning system started to develop as from 1886 with the introduction of the Wetboek van Strafrecht (Dutch Penal Code). With its primary focus on imprisonment and fines, this Code only included three principal penalties. However, it has undergone a statutory evolution, both in scope of potential sanctions and in objectives of criminal punishment.
In the last two decades, the role of sanctioning has increasingly become a political tool used in advocating societal protection. This has resulted in the introduction of new sanctions. Next to this, efficiency has become an independent factor in the establishment of new sanction modalities. It was, among other, one of the main reasons to introduce a sanctioning power for the public prosecution and break with the traditional sentencing monopoly of the courts.
The introduction of an array of alternatives to imprisonment and fines has resulted in a much diminished prison population, which is also credited in part, for the overall reduction in crime. While changes in the Dutch Penal Code can be generally regarded as a positive development, the necessity in recognizing the separation of state powers and preserving a balance in the sanctioning system must be respected.
In the last two decades, the role of sanctioning has increasingly become a political tool used in advocating societal protection. This has resulted in the introduction of new sanctions. Next to this, efficiency has become an independent factor in the establishment of new sanction modalities. It was, among other, one of the main reasons to introduce a sanctioning power for the public prosecution and break with the traditional sentencing monopoly of the courts.
The introduction of an array of alternatives to imprisonment and fines has resulted in a much diminished prison population, which is also credited in part, for the overall reduction in crime. While changes in the Dutch Penal Code can be generally regarded as a positive development, the necessity in recognizing the separation of state powers and preserving a balance in the sanctioning system must be respected.
| Originele taal-2 | English |
|---|---|
| Titel | Alternative Sanktionsformen zu Freiheits- und Geldstrafe im Strafrecht ausgewählter europaïscher Staaten / Alternative Sanctions in Criminal Law Excluding Imprisonment and Fines in Selected European Countries |
| Redacteuren | Eric Hilgendorf, Brian Valerius |
| Plaats van productie | Berlin |
| Uitgeverij | Duncker & Humblot |
| Pagina's | 11-36 |
| Aantal pagina's | 26 |
| ISBN van geprinte versie | 978-3-428-14711-3 |
| Status | Published - 2015 |
Publicatie series
| Naam | Schriften zum Strafrechtsvergleich |
|---|