NCJ Number
50866
Date Published
1978
Length
68 pages
Annotation
A SUMMARY OF THE NATIONAL SWEDISH COUNCIL FOR CRIME PREVENTION'S WORKING GROUP FOR CRIMINAL POLICY REPORT IS PRESENTED. THE REPORT PROPOSES A REFORM PROGRAM FOR THE SWEDISH PENAL SYSTEM.
Abstract
THE EXISTING PENAL CODE IN SWEDEN IS BASED ON THE ASSUMPTION THAT TREATMENT, TO A LARGE EXTENT, SHOULD REPLACE PUNISHMENT. TREATMENT AIMS TO REHABILITATE OFFENDERS BY CREATING THE NECESSARY PREREQUISITES FOR A CRIME-FREE LIFE AND TO PROTECT SOCIETY BY PREVENTING OFFENDERS FROM COMMITTING FURTHER CRIMES. THE CODE PROVIDES FOR INDETERMINATE SANCTIONS, SUCH AS YOUTH IMPRISONMENT AND INTERNMENT. AS PART OF ITS REFORM STUDY, THE WORKING GROUP CONSIDERED BASIC PROVISIONS OF THE SANCTION SYSTEM RELATED TO IMPRISONMENT, YOUTH IMPRISONMENT, INTERNMENT, AND PROBATION. IT CONSIDERED THE SANCTION SYSTEM BOTH IN PRACTICE AND IN TERMS OF A SOCIAL PERSPECTIVE. THEORIES OF CRIME PREVENTION WERE EXPLORED IN RELATION TO THE PURPOSE AND LEGITIMACY OF PUNISHMENT. THIS ACTIVITY ENCOMPASSED GENERAL PREVENTION (DETERRENCE AND BUILDING MORAL VALUES) AND INDIVIDUAL PREVENTION (THE CONCEPT OF TREATMENT AND INCAPACITATION). SEVEN CONCLUSIONS WERE DRAWN BY THE WORKING GROUP FROM FROM ARGUMENTS CONCERNING PRINCIPLES OF THE SANCTION SYSTEM: (1) THE CRIMINALIZATION OF AN ACT IMPLIES AN IDENTIFICATION OF THAT ACT AND REPRESENTS AN ATTEMPT TO PREVENT THAT ACT; (2) PUNISHMENT SHOULD NOT BE MOTIVATED BY THE FACT THAT THE OFFENDER NEEDS PUNISHMENT; (3) THE LIMIT FOR THE SEVERITY OF A PENALTY FOR A CRIMINAL ACT SHOULD BE DETERMINED BY THE PUNISHMENT VALUE OF THE ACT; (4) WHEN ASSESSING THE PUNISHMENT VALUE OF A PARTICULAR OFFENSE, CIRCUMSTANCES RELATED TO THE OFFENDER'S PERSONAL SITUATION SHOULD BE GIVEN CONSIDERATION; (5) WITHIN THE GENERAL FRAMEWORK OF PUNISHMENT, THE OFFENDER'S VARIOUS NEEDS SHOULD BE MET; (6) NO REINFORCEMENT OF GENERAL PREVENTIVE GROUNDS FOR PUNISHMENT MEASURES IN ABSOLUTE TERMS IS IMPLIED; AND (7) A GENERAL LOWERING OF THE RATE OF PUNISHMENT IS IN ORDER. DIFFERENT TYPES OF SANCTIONS FOUND IN THE PENAL CODE ARE EXAMINED, INCLUDING THE DEPRIVATION OF LIBERTY TREATMENT IN FREEDOM, FINES, AND SURRENDER FOR SPECIAL TREATMENT. THERE ARE ALSO NONCUSTODIAL SANCTIONS AND SANCTIONS NOT INVOLVING THE DEPRIVATION OF LIBERTY (CONDITONAL SENTENCING, SUPERVISION, AND INTENSIVE SUPERVISION). MONETARY SANCTIONS SUCH AS DEPENALIZATION AND COMPANY FINES ARE DISCUSSED, AND ALTERNATIVE SANCTIONS ARE CONSIDERED. (DEP)