Κατεύθυνση ΕγκληματολογίαLibrary of the School of Law
Αντωνία - Ιόλη (Τόνια) Τζαννετάκη, Επίκουρη Καθηγήτρια, Τομέας Ποινικών Επιστημών, Νομική Σχολή, Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών
Το δικαιικό πρότυπο και οι εφαρμογές του στην επιμέτρηση της ποινής
Justice model and its applications at sentencing
Androulakis has wrote that fairness is proportionality, underlying at the same time that the principle of proportionality holds a dominant position at the hierarchy of laws. The roots of the principle of proportionality are found in the scientific theory of the european public law since the 18th century in the context of the debate on the determination of the state purposes and the limitation of state's interference to the freedoms of the individuals. Following extensive theoritical and judicial elaboration, the aforementioned principle has been pronounced as fundamental principle with constitutional validity (see article 25 par. 1 of the Greek Constitution) and as a result today its application has been directly extended not only to private but also to criminal law.
In particular, the principle of proportionality of the criminal response to the seriousness of the criminal conduct, as an application of the principle of the fairness at sentencing, has been extensively elaborated especially in the U.S.A. during the 70s and 80s by the supporters of the justice model. The latter tried not only to emphasize the fact that the request for fairness at sentencing can only be satisfied through the application of the principle of proportionality, but also to justify at the same time the prevalence of proportionality over the rest of the sentence's functions, such as general deterrence and incapacitation.
The subject of this thesis is the study of the anglo - saxon justice model. More specifically, the historical context of emergence of the above mentioned model is shortly presented in the first chapter, in order to set out the hiatus at sentencing policy caused by the lapse of the rehabilitation model. The main arguments of the justice model are critically examined in the second chapter, whereby specific issues related to the sentencing policy are also analysed in the context of the justice model. The main hybrid models are presented in the third chapter and emphasis is given to the limiting retributivism, whereas justice model and its hybrids are comparatively assessed at the end of the said chapter. Several examples of practical application of the justice model are comparatively analyzed in the fourth chapter. The inadequacies of the Greek sentencing policy in the framework of the justice model are presented in the last chapter. Ultimate goal is the presentation of recommendations, in view of the imminent revision of the Greek Penal Code, which are necessary for the lift of the inconsistencies that characterize the national sentencing policy, in force today.
Main subject category:
Law and Legislation
Other subject categories:
Criminology /Penology (Criminology -Corrections, Criminalistics)
just desert (justice) model, limiting retributivism, proportionality, censure, sentencing, recidivism
Κοντογιώργου Σοφία_Το δικαιικό πρότυπο και οι εφαρμογές του στην επιμέτρηση της ποινής Πέργαμος.pdf
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