NEW JUDICIAL TECHNIQUES CONCERNING RECIDIVISM IN COMPARATIVE LAW

• NCJ Number: 54115
• Journal: Revue de droit penal et de criminologie Volume: 58 Issue: 4 Dated: (APRIL 1978) Pages: 351-386
• Author(s): A DE NAUW
• Date Published: 1978
• Length: 36 pages
• Corporate Author: Ministere de la Justice
• Publication Format: Article
• Language: French
• Country: Belgium

Annotation

ALTERATIONS IN PROVISIONS OF THE BELGIAN PENAL CODE AND OF THE PROPOSED FRENCH PENAL CODE FOR THE PREVENTION OF RECIDIVISM ARE EXAMINED AND COMPARED TO PROVISIONS IN OTHER COUNTRIES.

Abstract

CHANGES RELATE TO THE DEFINITION OF RECIDIVISM; THE DISTINCTION BETWEEN RECIDIVISM AFTER PROSECUTION FOR A CRIME AND ACCUMULATED OFFENSES; EVALUATION OF THE STATE OF RECIDIVISM (ACCORDING TO THE SERIOUSNESS OF THE LAST CRIME COMMITTED, THE FREQUENCY OF DEVIANT BEHAVIOR, AND THE ACTUAL SITUATION OF THE DELINQUENT); PENAL SANCTIONS WITH REGARD TO DUALISM OF PENALTIES AND SECURITY MEASURES; AN INCREASE IN PENALTIES FOR RECIDIVISTS; USE OF INDETERMINATE SENTENCES; AND PENALTIES FOR DIFFERENT TYPES OF RECIDIVISTS. ALSO CONSIDERED ARE THE LENGTH OF TIME BETWEEN CRIMES AS THE FACTOR DETERMINING AN ACTUAL CRIMINAL CAREER; OPTIONAL OR OBLIGATORY IMPOSITION OF THE RULES FOR RECIDIVISM; RECIDIVISM FROM MAJOR TO MINOR CRIMES OR VICE VERSA: AND RECOGNITION OF THE AUTHORITY OF FOREIGN JUDGMENTS IN FRANCE, BASED ON WHETHER THE OFFENSE IS ALSO A CRIME AT HOME, WHETHER THE JUDGMENT IS DEFINITIVE, AND WHETHER THE CONSISTENCY OF THE JUDGMENT HAS BEEN VERIFIED BY A FRENCH JUDGE. ACCORDING TO CURRENT LEGAL METHODS FOR DETERMINATION OF RECIDIVISM, THE PREVIOUS CONVICTION FOR AN OFFENSE MUST BE DEFINITIVE, THE STATE OF RECIDIVISM IS DEPENDENT ON THE FREQUENCY AND GRAVITY OF CRIMES AND THE DEGREE OF SOCIAL DANGER IN THE INTERVAL BETWEEN CRIMES, AND THE NECESSITY OF A JUDICIAL WARNING ALWAYS SEPARATES RECIDIVISM CRIMINOLOGICALLY FROM AN ACCUMULATION OF OFFENSES. FURTHERMORE, REJECTION OF A CUMULATIVE SYSTEM OF SANCTIONS DOES NOT EXCLUDE THE POSSIBILITY OF A DUALISTIC SYSTEM OF INCREASED PENALTIES OF INDETERMINATE LENGTH. APPLICATION OF RULES FOR RECIDIVISM IS OPTIONAL, AND RECIDIVISM FOR A SERIOUS OFFENSE IS ALSO RELEVANT TO A LESS SERIOUS OFFENSE. FINALLY, FOREIGN CONVICTIONS CAN BE CONSIDERED, AND ACTUAL EXECUTION OF PENALTIES FOR FIRST OFFENSES CAN BE REQUIRED AS A PREREQUISITE FOR RECIDIVISM. EXTENSIVE NOTES ARE FURNISHED. --IN FRENCH. (KMD)