Deterrence and Incapacitation effects of the Criminal Sanctions

Stefanovska, Vesna and Jovanova, Natasa (2017) Deterrence and Incapacitation effects of the Criminal Sanctions. Journal of Eastern - European criminal law No. 1/2017. pp. 62-75.

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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.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Ms. Olivera Trajanova
Date Deposited: 29 Jun 2021 16:23
Last Modified: 29 Jun 2021 16:23

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