Abstract
Nowadays, traditional criminal policy is facing its limits and is unable to cope with the rising criminality. Current criminal justice based on repressive approaches is unable to face serious obstacles and problems, namely in efficiency of punishment, poor protection of victims, and slow and overburdened criminal courts. New models of criminal judiciary based on principles of restorative justice have been unveiled while traditional systems of criminal justice are facing a serious crisis. The conception of restorative justice is one of the most modern and progressive of current approaches to criminal law that deserves to be implemented into the Slovakian criminal judiciary system. The author focused on punishments like home arrest, compulsory labour and financial penalty.
This work was supported by the Slovak Research and Development Agency on the grounds of Contract No. APVV-0179-12.
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Notes
- 1.
Dianiška, G. (2011). A kolektív: Kriminológia. 2. vyd. Plzeň: Aleš Čeněk.
- 2.
Dianiška, G. & Strémy, T. (2009). Introduction to criminology. Publishing Aleš Čeněk. Plzeň.
- 3.
Section 53 Home Arrest
(1) The court may impose home arrest for a period of up to 1 year on the offender of a minor offence.
(2) During the execution of home arrest, the convict shall be obliged, for the period of time determined by the court, to stay in his dwelling and premises adjacent thereto, lead a regular life and, if ordered by the court, submit himself to supervision by means of electronic monitoring devices.
(3) During the execution of home arrest, the convict may leave his dwelling only upon the previous consent given by a probation and mediation officer or an authority responsible for overseeing the convict via technical devices, and only on the grounds of urgency and for the period no longer than necessary. This period of time shall be included in the calculation of the overall sentence.
(4) If the convict does not comply with the conditions referred to under paragraph 2, the court shall convert home arrest into an unconditional imprisonment sentence in such a way that 2 days of unserved portion of home arrest shall be equivalent to 1 day of an unconditional imprisonment sentence, it shall also decide about how the sentence is to be executed.
- 4.
Vráblová, M. (2013). Slovak substantive criminal law. Trnava: Publishing Trnava University.
- 5.
Ščerba, F.(2011). Alternativní tresty a opatření v nové právní úpravě. Leges. Praha.
- 6.
Community Service Work
Section 54
The court may impose on the offender, upon his consent, a community service work sentence for a period not less than 40 h and not exceeding 300 h, if it issues a ruling for a minor offence punishable by the term of imprisonment of not more than 5 years under this Act.
Section 55
(1) The convict shall be obliged to perform community service work within 1 year after the date on which the related court ruling becomes final. The court may, as appropriate, impose the restrictions and obligations referred to under Section 51 par. 3 and 4 on the offender, with the aim of encouraging him to lead regular life; as a rule, the court shall also order him to compensate, to the best of his abilities, for the damage inflicted by the criminal offence. When calculating the period of participation in a community service work, it shall not be taken into account any period of time, during which the convict
a) could not perform community service work due to a temporary illness, or because he was not assigned any work during this period,
b) attended compulsory military service or other service instead of compulsory military service,
c) stayed abroad,
d) was remanded in custody, or was serving a term of imprisonment in connection with other offence.
(2) The court shall not impose community service work if the offender is on long term sick leave or has been disabled.
(3) The offender shall have an obligation to perform community service in person and during his free time without receiving remuneration.
(4) If the convict fails to lead regular life or perform, of his own causation, the service in the required scope, or if he does not respect the restrictions and does not fulfil the obligations imposed on him under the sentence, the court shall convert the community service work sentence or the remainder thereof into an unconditional imprisonment sentence execution in such a way that every 2-hour segment of unserved portion of community service work shall be equivalent to 1 day of an unconditional imprisonment sentence, it shall also decide about how the sentence is to be executed.
(5) The court may waive the execution of community service work, if the convict, during the serving of this punishment, has gone on long term sick leave or permanent disability without any fault on the part of him.
- 7.
Čentéš, J. (2014). Trest povinnej práce. In: Trest zákazu účasti na verejných podujatiach. In: Strémy, T. (ed.): Restoratívna justícia a alternatívne tresty v teoretických súvislostiach. Praha. Leges. pp. 340–351.
- 8.
The Financial Penalty
Section 56
(1) The court may impose a financial penalty of not less than 160 EUR and not more than 331 930 EUR the offender of an intentional criminal offence whereby he gained or tried to gain property benefit.
(2) In the absence of the conditions referred to in paragraph 1, the court may impose a pecuniary penalty for a minor offence if, in view of the character of the offence and the potential for rehabilitating the offender, it decides not to impose a custodial penalty.
(3) The court may, taking account of the amount of the financial penalty and the personal and property situation of the offender, allow the payment of the financial penalty in monthly instalments. At the same time, the court shall determine the amount of instalments, and the time limit for the payment of the financial penalty, which may not be longer than 1 year from the date on which the convicting judgment became final.
(4) The financial penalty that the sentenced person has already paid shall be credited towards the new financial penalty imposed in respect of the same offence, or the penalty imposed as a cumulative or concurrent sentence.
(5) The court shall not impose a pecuniary penalty if this would obstruct the payment of the compensation for damage caused by the criminal offence.
Section 57
(1) When imposing the financial penalty the court should consider the personal and financial circumstances of perpetrator. The court doesn’t impose a financial penalty if it is clear that the perpetrator will not be able to pay.
Effective until 31/8/2011:
[(1) In determining the amount of the financial penalty, the court shall also consider the personal and property situation of the offender. It shall not impose a pecuniary penalty if it is obvious that it cannot be collected.]
(2) The paid financial penalty shall constitute the revenue of the State.
Effective until 31/8/2011:
[(2) The confiscation amounts of financial penalty shall constitute the revenue of the State.]
(3) In addition to imposing a pecuniary penalty, the court shall deliver an alternative custodial penalty of up to 5 years to be executed, should the execution of the pecuniary penalty be deliberately prevented. The combination of such alternative penalty and the imposed custodial penalty may not exceed the statutory sentencing range.
(4) If the alternative penalty would exceed the range referred to in paragraph 3, or if a pecuniary penalty is imposed in combination with life imprisonment, the court shall impose no alternative penalty.
Section 114
(1) The court may impose a pecuniary penalty of not less than 30 eur and not more than 16,590 eur under conditions set out in this Act, if a young offender is gainfully employed, or the property owned by him enables such a penalty to be imposed.
(2) When imposing a pecuniary penalty on a young offender, the court shall deliver an alternative custodial penalty of up to 1 year to be executed, should the execution of the pecuniary penalty be deliberately prevented within the prescribed time-limit. The combination of such alternative penalty and the imposed custodial penalty may not exceed the statutory sentencing range reduced pursuant to S 117 par. 1.
(3) When a decision whereby a young offender has been imposed a pecuniary penalty becomes final and conclusive, the court, upon the statement of a young offender, may issue a ruling that its payment or unpaid remainder thereof be replaced in such a way that a young offender shall perform community service work within the probationary programme.
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This work was supported by the Slovak Research and Development Agency on the grounds of Contract No. APVV-0179-12.
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Strémy, T., Vráblová, M. (2017). Restorative Justice in the Conditions of the Slovak Republic. In: Viano, E. (eds) Cybercrime, Organized Crime, and Societal Responses. Springer, Cham. https://doi.org/10.1007/978-3-319-44501-4_16
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