Abstract
Draft legislation imposes criminal
democratic request for the inclusion of legal instruments that help more in
punitive role of the sentence given by the court, by adapting a number of
factors and circumstances that cannot accept the classical severity of punishment.
This will maximize the peaceful character of the law but also would affect
levels significantly above sentence enhancers’ purpose. In other words, the criminal law
has more need for legal flexibility, giving a considerable assistance and
judicial bodies. This flexibility is achieved by using not only clearly defined
penalties and stiffly but also creating an amalgam arising from the acquisition
of qualitative elements of some types of penalties are available always
maintaining sustainable character of the criminal sentence. This flexibility between types of
sentences leads us first what is called alternative sentence. Must have a clear
alternative that should not understand this notion of broad term for a criminal
offense then you can choose punishment of imprisonment or fine, because this
determines the choice of law without much skating, but we are dealing with a
process which allows us to within a clearly defined type of punishment may be
able to detach some other elements of criminal justice thus building a
sustainable form of criminal punishment completely featured. Methods of her
execution contain essentially what we call the social reintegration of morality
offender.
Resuming the alternative mentioned
above for sentencing will give this definition: the alternative sentence of
imprisonment shall mean those sentences given by courts for crimes when the law
set distinct criteria which lie within the framework of prison sentences but
due to certain circumstances, psychological, moral, family, ways of executing
them rigorously regulated by means of isolation are common. Alternative sentencing is not
excluded from the punishment. Based on these alternative sentencing court
determines the extent of the general rules defined in the law. While suffering
with conditional sentencing court a number of factors present as well as how
you will behave in the future the prisoner.
How to cite this paper
Attitude, Referring Alternative Penalties
Adrian Leka
Faculty of Law, University of Shkoder “Luigj Gurakuqi”, Shkoder, Albania
Corresponding author: Adrian Leka, Ph.D, Faculty of Law, University of Shkoder “Luigj Gurakuqi”, Shkod-er,Albania.
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PDF DOI:10.26855/er.2017.04.005