Tímarit lögfræðinga


Tímarit lögfræðinga - 01.10.1989, Side 10

Tímarit lögfræðinga - 01.10.1989, Side 10
criminal policy. Reforms proposed by this organization included: the introduction of different kinds of conditional measures such as proba- tion, conditional suspension both of trial, indictment, conviction and sentence, as well as suspended execution of punishment and conditional release from prison. Other demands for reform were the abolition of short-term imprisonment, the introduction of long-term incarceration of professional and habitual criminals, the use of indeterminate sen- tences, and the improvement of after-care for released prisoners. Sug- gestions for reform included further the creation of a separate set of substantial and procedural criminal law and of special courts for juvenile delinquents. More recent proposals recommended alternatives to any form of deprivation of liberty, such as fines, community service and restitution of damages to the victim as a specific measure replacing any other criminal sanction against the offender. b) Tlie International Society of Social Defence. — Another fervent promotor of criminal law reform in Europe in a liberal, humanitarian and undogmatic sense, is the Social Defence movement. Having arisen as a reaction to the spiritual and material devastations caused by the Second World War, the Social Defence movement thought to combine humane and effective elements of the criminal law with the strictest observation of the rule of law in criminal procedure. The International Society of Social Defence, founded in 1949, was first led by the Italian lawyer and philanthropist Filippo Gramatica. He wished to replace criminal law as a whole by a system of medical, educational and eliminative measures within a society which should be completely free from any kind of oppression by criminal law and punishment. The moderate and reality-oriented approach of the French Marc Ancel, a former President of the Chamber of the Cour de Cassation and member of the French Academy, has taken a more practical and less ideological view. The Society of Social Defence is now presided with greatest dignity by Mrs. Simone Rozés, first President of the Cour de Cassation de France. It has had a considerable impact on the legislation of various European countries. In Sweden the late Professor Ivar Strahl, in France Professors Jacques Léauté, Mireille Delmas-Marty and Raymond Gassin have greatly supported that development in their respective countries. c) The International Society of Criminology. — It was founded in 1938 by the great Italian criminologist B. di Tullio. Actually under the chairmanship of Professor Canepa of Geneva it has most actively contributed to the founding of modern criminal law policy. It has 152

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