Criminal law and criminological aspects of the limits of sanctioning without imprisonment GUKE

About the project

GUKE Excellent grant

Criminal law and criminological aspects of the limits of sanctoning without inprisonment

Number of the project:  UK/3114/2024

Principal Investigator: Mgr. Maximilián Kiko

 

Alternative sanctions represent new ways of resolving criminal cases. This method seeks to overcome traditional repressive methods of resolution, which are also represented by the theory of retribution. This research will primarily examine the following non-custodial sanctions in more detail: house arrest, compulsory labor, and monetary penalties. Although these sanctions have countless advantages over "classical" sanctions associated with imprisonment, unfortunately they are not often preferred in the current setting of criminal legislation and the Slovak judiciary. More specifically, this project aims to identify the limits and related boundary criteria that would answer the question: When should legislators and judges lean towards a particular type of alternative sanction and when not, so that the principles of sanctioning are preserved, which include in particular the principle of humanism, individualization of punishment, proportionality of punishment, individual and general prevention? We want to work towards an answer to this research question through several research methods and techniques: vertical and horizontal comparison, analysis, deduction, monographic method focused on case studies, observation, questionnaire, and controlled interview.