Tímarit lögfræðinga


Tímarit lögfræðinga - 01.10.1989, Qupperneq 19

Tímarit lögfræðinga - 01.10.1989, Qupperneq 19
this country too, where so many young people do this kind of job in their vacation time and visibly with pleasure and dignity. b) In the Federal Republic of Germany and in Italy community service is provided not as a real penalty, but only as a voluntary alternative to imprisonment in the case of non-payment of a fine. In Germany various community service schemes for defaulters have been introduced and experience seems satisfactory; however it should be kept in mind that so far it has not been used as an independent penal sanction, but rather linked to a fine which the convicted person does not want or cannot pay. The alternative of working out the fine by a service for the community is not necessarily exposed to the same objections as those raised in Sweden against community service as a real penalty. To earn the equivalent of the fine by working is not a discrimination of work as a high value. Another experience has been that community service of this kind must be provided as the sole alternative to imprisonment in case of non-payment of a fine. If there is a second alternative more easily carried out than com- munity service, the accused will naturally choose the easier one. This has occurred in Italy where community service has remained “lettre morte”, because people who are not able to pay their fines choose the so-called “controlled liberty” as the less severe burden. 5. Diverson. — This is not a penal sanction in the proper sense of the word, but in a way it is its opposite. a) The term “diversion” means avoidance of a formal criminal procedure by deviation or detour. In other words, one transfers petty criminal cases to community-oriented correctional programmes, with- out any prior address to courts or prosecutors. Thus diversion may be understood as resulting from the well-known fundamental objec- tions to criminal law and criminal procedure as such. So far the move- ment advocating divereion derives, on the one hand from the idea of criminal law as “ultima ratio” in its most radical form. More im- portant, on the other hand, is its derivation from the great humani- tarian ideal of solidarity and the preparedness to help people in danger in solving their problems and to integrate them into neighbourhood- oriented communities, bringing about personal contact and social assist- ance. Finally, it is used to provide schemes of professional social therapy such as group-counselling or social training, aiming at the recoveiy of what had perhaps been neglected in the earlier life of deviant people. 161
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