斯洛文尼亚的终身监禁

Katja Filipčič
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引用次数: 2

摘要

2008年,斯洛文尼亚引入了终身监禁的刑罚。从那时起,它可以适用于某些危害人类罪和(至少两种)故意杀人罪。实行终身监禁的建议基于两个论点:实行终身监禁是必要的,以便使斯洛文尼亚法律与《国际刑事法院罗马规约》相协调,并使斯洛文尼亚法律与大多数欧洲国家相协调。在公开辩论中,这两种论点都被认为是错误的,而反对终身监禁的人则列举了反对实行终身监禁的理由(例如,将改造作为惩罚的目的,尊重人的尊严,严厉判决的效率低下)。在公开辩论中,也可以注意到刑罚民粹主义的因素。虽然大多数专家反对实行终身监禁,但斯洛文尼亚《刑法》还是采用了终身监禁。2016年,法务部最初提议废除该制度,但最终的政治决定却不同。废除终身监禁的提案从2016年的《刑法》修正案中被撤回,议会根本没有对该提案进行投票。虽然无期徒刑作为斯洛文尼亚法律的一部分已经有11年了,但还没有实施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Life imprisonment in Slovenia
: In 2008, Slovenia introduced the punishment of life imprisonment. Since then it can be imposed for certain crimes against humanity and for the (at least two) crimes of intentional homicide. The proposal for introducing life imprisonment was founded on two arguments: the introduction of life imprisonment being necessary to harmonise Slovenian law with the Rome Statute of the International Criminal Court and to harmonise it with the majority of European countries. In public debate, both arguments were rejected as false, while opponents of life imprisonment cited reasons against introducing it (e.g., rehabilitation as a purpose of punishment, respect for human dignity, the inefficiency of severe sentences). In the public debate, also elements of penal populism could be noticed. Although most experts opposed the introduction of life imprisonment, it was adopted in the Slovenian Criminal Code. In 2016, the Ministry of Justice at first proposed abolishing it, but the final political decision was different. A proposal to abolish the life imprisonment was withdrawn from the 2016 amendment to the Criminal Code and the Parliament did not vote on the proposal at all. Although the punishment of life imprisonment has been now a part of Slovenian law for eleven years, it has not yet been imposed.
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