The aim of this chapter is to offer a comprehensive presentation of the standards developed by the bodies of the Council of Europe in the field of non-custodial sanctions. After some short introductory remarks, this paper will go through a critical examination of what could be roughly defined as the acquis of principles and rules governing the imposition and the enforcement of this type of measures. The article notably discusses the shift of European standards from a reductionist agenda based on proportionality and justice to a growing emphasis on the effectiveness of community sanctions. The developments that have affected the understanding of the concept of rehabilitation and the principles of legality and proportionality are specifically addressed.
Soft law instruments of the Council of Europe and community sanctions: criminal policy issues
Martufi A
;
2016-01-01
Abstract
The aim of this chapter is to offer a comprehensive presentation of the standards developed by the bodies of the Council of Europe in the field of non-custodial sanctions. After some short introductory remarks, this paper will go through a critical examination of what could be roughly defined as the acquis of principles and rules governing the imposition and the enforcement of this type of measures. The article notably discusses the shift of European standards from a reductionist agenda based on proportionality and justice to a growing emphasis on the effectiveness of community sanctions. The developments that have affected the understanding of the concept of rehabilitation and the principles of legality and proportionality are specifically addressed.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
