CONCEPTUAL FOUNDATIONS OF TEMPORALITY OF A CRIMINAL LAW PROBATION

Abstract

Criminal law policy liberalization should start first of all with the assessment of the gravity of an applied repression. One of the fundamental, relatively simple and very effective tools for such an assessment is time in its most common form in criminal law, i.e. a term. First, the emergence of term punishments was caused by the evolution of public punitive policy that, inter alia, was determined in accordance with correctional effect evaluation and, as a consequence, the law enforcer was equipped with tools necessary to adjust measures of such effect. Second, this predetermined the emergence of a number of institutions of temporal nature: conditional sentence, conditional discharge, deferred sentence, limitation, criminal record. In the theory of law attempts had been made to carry out an integrated analysis of the named institutions, with their conditional or non-punitive character being taken as a basis. This last feature allowed the scholars to combine these measures in an integrated institute of probation that is being analyzed exclusively at the theoretical level. A slightly different approach to the analysis of probation is based on its temporal nature, its genetic connection with timing. A comprehensive study concerning the terms of probation under criminal law has never been carried out.