skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 49496 Find in a Library
Title: INDIVIDUALIZATION OF SANCTIONS -ATTEMPT AT A REVIEW ON THE EVE OF A NEW PENAL CODE - FRANCE
Journal: REVUE DE SCIENCE CRIMINELLE ET DE DROIT PENAL COMPARE  Issue:4  Dated:(OCTOBER-DECEMBER 1977)  Pages:723-753
Author(s): J PRADEL
Corporate Author: Editions Sirey
France
Date Published: 1977
Page Count: 31
Sponsoring Agency: Editions Sirey
75005 Paris, France
Type: Historical Overview
Format: Article
Language: French
Country: France
Annotation: THE GRADUAL INCORPORATION OF PENALTIES INTO THE FRENCH CRIMINAL JUSTICE SYSTEM, BASED ON THE NATURE OF THE INDIVIDUAL RATHER THAN ON THE NATURE OF THE CRIME, IS EXAMINED.
Abstract: INDIVIDUALIZATION WITH REGARD TO SENTENCING WENT UNRECOGNIZED UNTIL 1810, WITH JUDICIAL DISCRETION TO DECISIONMAKING DEVELOPING MUCH LATER. BY 1976, THE ROUGH DRAFT OF THE NEW FRENCH PENAL CODE HAD ACCEPTED THE PRINCIPLE OF INDIVIDUALIZATION. ATTENTION SHIFTED TO THE OBJECTIVE OF SOCIAL REINTEGRATION RATHER THAN RIGID PUNISHMENT, WITH JUDGES ATTEMPTING TO UNDERSTAND THE TOTAL CIRCUMSTANCES AFFECTING OFFENDERS AND TO COOPERATE CLOSELY WITH LEGISLATORS IN IMPROVING THE CRIMINAL JUSTICE SYSTEM. THE POSSIBILITIES OPEN TO JUDICIAL AUTHORITIES BECAUSE OF INDIVIDUAL TREATMENT INCREASED SUBSTANTIALLY, WITH A HIGHLY DEVELOPED PENAL CODE ALLOWING FOR ALTERNATIVES TO INSTITUTIONALIZATION COMBINED WITH PERIODS OF IMPRISONMENT, AS WELL AS OTHER REFORMS. CURRENTLY, PUNISHMENT CAN BECOME EFFECTIVE IMMEDIATELY OR BE DELAYED, ACCORDING TO INDIVIDUAL NEEDS. INDIVIDUALIZATION HAS INCREASED JUDICIAL AUTHORITY, BUT THAT POWER IS CONSTRAINED SIMPLY BECAUSE ATTENTION IS FOCUSED ON PERSONS, NOT ACTS. ALSO, INDIVIDUALIZATION HAS CHANGED THE NATURE OF THE JUDICIAL ROLE, IMPLYING THAT JUDGES MUST DETERMINE SENTENCES BASED ON WHAT IS MOST PROMISING FOR SOCIAL REINTEGRATION AND CHANGE THEIR DECISIONS AS OFTEN AS NECESSARY TO BRING ABOUT SUCH REINTEGRATION. FOOTNOTES SUPPLEMENT THE TEXT. --IN FRENCH. (MHP)
Index Term(s): France; Judicial discretion; Law reform; Social reintegration
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49496

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.