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Review article

https://doi.org/10.59245/ps.32.4.5

Normative Regulation of Community Service in Selected Jurisdictions: A Comparative Overview

Nevena Aljinović orcid id orcid.org/0000-0001-6557-2796 ; Sveučilišni odjel za forenzične znanosti Sveučilišta u Splitu, RH


Full text: croatian pdf 377 Kb

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Abstract

In the atmosphere of the increase in the prison population and the overcrowding of prison capacities that many countries of the world were faced with, accompanied by criticism of short-term prison sentences and the costs of maintaining the prison system, alternative solutions to institutional imprisonment proved to be an adequate reaction to the emerging social problem. Among alternative sanctions and measures, community service crystallized as a panacea to short-term prison sentences and positioned itself high on the pedestal of social alternative searches as a visible and tangible pragmatic measure of community payback. Various modalities of its application and implementation, which differ in individual jurisdictions, have undoubtedly contributed to the wide use of community service. Thus, its legal nature oscillates between an independent sanction and a substitute for imposed sentences (prison or fine). Sometimes, it is an alternative to supplementary imprisonment or an alternative to a conditional deferral (and withdrawal) of criminal prosecution, or it is a special condition for a conditional sentence or conditional release.
The aim of this paper is a penological analysis of the nature, application, and execution of community service, as well as its positioning in the system of punishment and execution of sentences in selected jurisdictions. By providing a concise description of various aspects of the application of community service, the goal is to identify common features and existing differences in individual legislative solutions. In this regard, the author analyzes the evolution of the legal regulation of community service and provides a comparative analysis of the normative regulation in selected European countries.

Keywords

community service, community payback, work as punishment, alternative sanctions, alternative measures

Hrčak ID:

311287

URI

https://hrcak.srce.hr/311287

Publication date:

20.12.2023.

Article data in other languages: croatian

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