波兰的量刑:减少惩罚的失败尝试

IF 3.6 2区 社会学 Q1 CRIMINOLOGY & PENOLOGY
Krzysztof Krajewski
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引用次数: 11

摘要

波兰和所有中东欧共产主义国家一样,有着臭名昭著的严厉量刑和高监禁率,与西欧形成鲜明对比。经过25年的政治、经济和社会改革,波兰的量刑仍然与西欧的模式大不相同。目前尚不清楚这是由于1990年后转型的特殊性,还是由于共产主义过去和心态的阴影。1989年以后,为减少惩罚性作出了重大努力。上世纪90年代初,在旧的共产主义刑法下发生了重大的自由化,这主要是量刑实践的变化,而不是法律的变化。1998年的新法规生效后,这一趋势发生了逆转。旨在放宽量刑实践的立法反而增加了监禁的使用。这主要是由于政治和社会氛围的变化。监禁人数增加,量刑政策变得温和。这似乎不是由于特别频繁地使用监禁或严厉的判决,而是由于滥用对主要替代办法,即缓刑的判决。它经常被强制执行,但经常被撤销,接受者最终会入狱。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Sentencing in Poland: Failed Attempts to Reduce Punitiveness
Poland, like all central and eastern European communist countries, had notoriously harsh sentencing practices and high imprisonment rates, in sharp contrast to western Europe. After 25 years of political, economic, and social reforms, sentencing in Poland remains very different from patterns in western Europe. It is unclear whether that results from particularities of the transformation after 1990 or from shadows of the communist past and mentality. After 1989 substantial efforts were made to reduce punitiveness. A major liberalization took place in the early 1990s under the old communist penal code, the product primarily of changes in sentencing practice, and not in the law. Trends reversed after a new 1998 code took effect. Legislation meant to liberalize sentencing practice instead produced increased use of imprisonment. This resulted mainly from the changing political and social atmosphere. Imprisonment increased while sentencing policies became milder. This seems to result not from especially frequent use of imprisonment or harsh sentences but from abuse of sentencing the main alternative, the suspended sentence. It is imposed often, but is often revoked, with recipients ending up behind bars.
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来源期刊
Crime and Justice-A Review of Research
Crime and Justice-A Review of Research CRIMINOLOGY & PENOLOGY-
CiteScore
5.60
自引率
0.00%
发文量
11
期刊介绍: Crime and Justice: A Review of Research is a refereed series of volumes of commissioned essays on crime-related research subjects published by the University of Chicago Press. Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
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