EQUIVALENCE FORMULATION BETWEEN PRISON SENTENCES AND FINE SENTENCES THAT PRIORITISING FINE SENTENCES
Article Sidebar
Main Article Content
Abstract
The orientation of law reform is agreed towards the application of restorative justice. Hence, an equivalence formulation between penal and fine sentences is urgently required. This normative research of legal studies proposed an equivalence formulation between prison and fine sentences. It resulted in prioritising fine sentences as a more preferred sentence while ensuring justice for the victim(s) and the community as represented by the state. This research presented a reform to amend the same weaknesses of the current penal or criminal law system in defining alternative sentences to prison sentences, which from an economic analysis perspective, was impossible to be chosen by the Judges. This research proposes an amendment that promotes financing the victim(s) and the community’s restorative effort. Besides that, it convinces the judges to pass a double-track sentence, both prison and fine sentences, because both can be valued and have equal consequences.
Article Details
Copyright and originality of the offered manuscript
1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.
2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.
3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.