刑の全部の執行猶予の「刑罰性」と改正刑法

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書誌事項

タイトル別名
  • Suspended Execution of the Entire Sentence as a “Penalty” in the Revised Penal Code
  • ケイ ノ ゼンブ ノ シッコウ ユウヨ ノ 「 ケイバツセイ 」 ト カイセイ ケイホウ

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抄録

The Penal Code which was revised in 2022 brought about some changes in the system of suspended execution of the entire sentence. First, more cases can be granted suspension of execution of the entire sentence than under the current code. Second, in some reoffending cases, suspension can be revoked after the entire period of suspended execution of the sentence has lapsed. In this paper, I discuss the pros and cons of the Revised Penal Code based on the view that execution of the entire sentence has the nature of a ‘penalty’, and suggest that a consideration of its nature is necessary. When suspending the entire sentence and placing the person on probation throughout the duration of the suspension, one should bear the nature of the ‘penalty’ in mind and consider it as a special prevention sanction for the offender. In addition, for individuals whose suspension is revoked after the period of suspended execution of the sentence has lapsed, the penalty for reoffending during the period of suspension should not be too severe as they have served the majority of their suspension period.

収録刊行物

  • 一橋法学

    一橋法学 21 (3), 135-155, 2022-11

    一橋大学大学院法学研究科

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