In search of the role of punishment from the EU criminal law perspective
W poszukiwaniu roli kary z perspektywy prawa karnego Unii Europejskiej
Bibliographic Data
| ID | 11617755 |
|---|---|
| Authors | Joanna Beata Banach-Gutierrez (0000-0002-9705-7665, University of Warmia and Mazury in Olsztyn, corresponding author) |
| Year | 2023 |
| Issue | XLV/2 |
| Pages | 29-42 |
| Publication date | 2023-12-31 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Archiwum Kryminologii (JOURNAL) |
| Journal identifiers | ISSN: 2719-4280 • E-ISSN: 0066-6890 |
| Publisher | Polish Scientific Publishers PWN (PUBLISHER • PL) |
| DOI | 10.7420/ak2023.15 |
| OpenAlex | W4401168622 |
| Language | EN |
| References cited | 15 |
This paper deals with punishment in the context of EU criminal law. Its aim is to search for the role of punishment in the area of European criminal justice, focussing on EU legislation and the case law of the Luxembourg and Strasbourg Courts. The methods used are analysis, synthesis and comparative research. The findings lead to the conclusion that, first of all, the priority behind punishment should be the rehabilitation of an offender, followed by their reintegration into society, and not the severity of imposing a long prison sentence itself. Additionally, a life sentence seems unacceptable without the possibility of conditional release or clemency, as it would be contrary to the European standards of protecting human rights. The role of punishment within the EU is therefore strongly influenced by a human rights-based approach in line with the provisions of the CFR and the ECHR
Context (archaeology · Criminal justice · Criminal law · Criminology · Economic Justice · Human rights · Legislation · Life imprisonment · Perspective (graphical · Political science · Prison · Punishment (psychology · Sentence · Sociology · European Criminal Justice and Data Protection · History · Law · Psychology · Social Psychology
| Highly cited | No |
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