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specialty journal of politics and law
Volume 3, 2018, Issue 3
Suspension of Punishment with A Crime Prevention Approach in the UK Legal System
Amineh Fazli
Pages: 31-37

Abstract

The implementation of criminal justice has been the subject of human minds since the beginning of creation, and throughout history, the criminal law has faced different perceptions and reactions. The social reaction to the criminal phenomenon is essentially punitive in the form of security measures which leads to the realization of the objectives of the penalties. Providing these objectives will only be possible if the punishments are implemented with urgency and certainty, but in some cases, regarding the conflict of the urgency with other principles governing punishment, enforcement of the sentence is delayed. Therefore, due to the attention paid to the perpetrator's personality and the realization of the objectives of the penalties in non-criminal procedures, enforcement of the sentence is delayed. The legal entity of “suspension of execution of penalty” is a customary legal initiative that started with the Positivism School of the Criminal Law and reached a partial development in the social defense school. The suspension of enforcement of punishment based on the principle of individualization of punishments is aimed at the idea that according to the case of the perpetrator's personality, with the aim of treatment and rehabilitation along with returning the person to the society, the result of which is the prevention of repeated crime. Here, we are taking into account the UK legal system and the effect of suspending the enforcement of punishment in preventing repeated crimes attracting the legislator’s attention to the choice and adoption of the best decisions regarding the suspension of the enforcement of punishment with the principle of preventing repeated crimes. Ultimately, the suspension of the punishment enforcement in its modern concept involves certain features such as the existence of an independent structure within the framework of the criminal system for supervising the perpetrator in order to prepare him at the time of suspension helping him in obtaining normal behavior in society. If the use of the suspension is in the framework of the standard conditions, it would be possible to re-socialize the perpetrator, and this requires the action of the organizations as well as the structure of the authorities and experts who are responsible for realizing this human duty for the perpetrator’s reform and treatment.





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specialty journal of politics and law
Issue 3, Volume 4, 2019