Pregledni rad
DETERRENCE IN CROATIAN CRIMINAL POLICY
Neven Cirkveni
; Odvjetnik iz Zagreba
Sažetak
The author in the article researches the influence of deterrence theory on our legislation and practice. Thereat, the author does not deal with basic postulates of this theory, i.e. deterrence efficiency as a means of social control or its attractiveness. Rather, he strictly scrutinises the extent of inspiration by basic deterrence postulates in our legislation and court practice having in mind all public and academic limitations. In other words, the author proves that, regardless of the existing legislative and any other sort of proclamations, the deterrence theory is an important inspiring motive for Croatian legislature for decades now. Due to the fact that research on deterrence theory in criminal policy of a certain country demands at least basic knowledge of the most important postulates of this theory, as well as of utilitaristic philosophy being a basis for the deterrence theory, the author touches upon certain theoretical premises which are according to his believe present, even latently, in the process of current shaping and functioning of the criminal justice system. The article also contains an overview of different Croatian legislative interventions which are a solid proof that criminal legal thinking and its practice have not been subjected to discontinuity. The emphasis is given to susceptibility of deterrence idea which has been present in different concepts of punishment and its purposes regardless of the system of state and social organization, and therefore accepted by divergent state conceptions such as liberal, fascist or socialist state. Consequently, it is no surprise that from the stand point of purpose of punishment there were no crucial changes in regard to the past and currently in force legislation. The author firmly believes that our (as well as foreign law) would be permanently pervaded by a resolute belief in the power of deterrence.
Ključne riječi
deterrence; general prevention; punishment; purpose of punishment
Hrčak ID:
53577
URI
Datum izdavanja:
4.6.2010.
Posjeta: 3.506 *