NCJ Number
90807
Journal
Revue de droit penal et de criminologie Volume: 60 Issue: 11 Dated: (November 1980) Pages: 915-930
Date Published
1980
Length
16 pages
Annotation
An article on reform of Belgian laws governing probationary sentences for convicted offenders discusses the concept of conditional release and its relationship to the different phases of the judicial process, particularly execution of sentences.
Abstract
The author traces the shift from sentencing principles based on theories of retribution to procedures favoring reintegration of offenders into society. In the author's view, one of the principal problems in applying probationary sentences to achieve social reintegration is the absence of an adequate legal apparatus that adjusts the sentence according to the progress of the individual offender. To remedy the situation, the author proposes that the severity of the sentence be determined by whether the individual is a first offender or a recidivist. The power of decision in matters relating to probation should be delegated to special rotating judges for execution of sentences. An alternative would be use of special judicial commissions. Decisions regarding individual probation should be written and carefully prepared with the assistance of a staff expert in social psychology. Changes recommended to improve procedures for probation decisions include introduction of informal hearings, application of flexible rules for delay and revocation of probation, gradual rather than immediate modification of probation laws and the number of early releases, development of a system of appeal for offenders refused probation, and reduction of the number of short-term prison sentences. Notes are supplied.