Unregulated Decarceration and Its Consequences (Focusing on the Law on the Reduction of Discretionary Prison Sentences, Enacted in 2020)
Keywords:
decarceration, lack of regulation, private justice, non-deterrence of punishments, monetary penalties, Law on the Reduction of Discretionary Prison SentencesAbstract
The latest legislative initiative in the realm of decarceration policy is the enactment of the Law on the Reduction of Discretionary Prison Sentences in 2020. The primary objective of this legislation is to adopt a decarceration approach and maximize minimalism concerning prison sentences. This study employs a descriptive-analytical method to examine the foreseeable consequences of the decarceration measures implemented under this law. It appears that, due to the lack of a systematically defined alternative sentencing framework, failure to adhere to the principle of proportionality between crime and punishment, and the absence of necessary infrastructural preparation following the early release of offenders, this approach lacks essential regulatory standards and contradicts the principles of criminal justice. The present research, based on thorough analysis and description, concludes that the effects of formulating such an unregulated and hasty criminal policy include emboldening individuals to commit crimes, the resurgence of private justice, the creation of opportunities for judicial corruption, an increase in recidivism among dangerous and habitual offenders, and evasion of punishment enforcement. Therefore, the law’s objective of decarceration at any cost does not align with prudent legislative practices and diminishes the deterrent effect of criminal sanctions. Consequently, this study offers specific recommendations to the legislature, suggesting that the goal of reducing prison sentences should be pursued within the framework of recognized principles and standards of criminal law.
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