When Should We Penalize the Offender and When Should We Correct Them? The Matter of Restorative and Rehabilitation Approaches to Punishing Reflected in the Czech Criminal Law Regarding both Natural Persons and Legal Entities
| Autoři | |
|---|---|
| Rok publikování | 2023 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | Our joint contribution focuses on the two selected theories of the purpose of punishment, namely rehabilitation and restitution, and their manifestation in Czech criminal law, regarding both natural persons and legal entities. Even though the rehabilitation theory focuses primarily on the perpetrator, it is, in fact, also a manifestation of the victim-centered – restorative justice, and one cannot function properly without the other. At first, we introduced these approaches. We focused on the connection of these theories with the victim of the crime but also – regarding the above-mentioned connection between these two approaches – on the offender. We presented selected pros and cons of the inclination towards these theories. We also considered other related criminological and philosophical theories, namely determinism vs. compatibilism and retributivist vs. utilitaristic theory. In the following part we introduced the table of rehabilitation and restorative elements that can be indicated in various institutes of the Czech substantive and procedural criminal law. We also dealt with the topic of the purpose and effectiveness of punishments imposed on legal entities with a focus on the punishment of dissolution of a legal entity. The core was not an analysis of the impact of the imposition of punishments directly on legal entities, but on the contrary, on natural persons, especially victims of the crimes or injured party, in various spheres of their lives. Based on the empirical data that we collected, de lege ferenda considerations regarding the impact of these punishments on victims were made. The overall emphasis was placed on the possibility of rehabilitation and re-socialisation of the offender, on minimising the risk of the secondary victimization and finally on following the restorative justice principles. The role of the mass media regarding these topics was also briefly mentioned. Finally, we made a synthesis of the findings and present the conclusions. |
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