Short-term freedom-restricting punishment of crime

Of the place that is the penalty containing detaining a convict in the freedom-restricting punishment of crime (Kei saying a sputum pheasant) for a short term in constant facilities, and depriving it of the physical freedom, in freedom-restricting punishment of crime, may be argued the and relatively short-term maintenance or abolition; explain "freedom-restricting punishment of crime in a short term" [¹]; [²].

Table of contents

Submission of the problem

A discussion to abolish "short-term freedom-restricting punishment of crime" existed in criminal policy than before in Japan. In other words, degree of evil to put on practically was a discussion to have possibilities to be too big for a penalty to inflict on a light crime of the degree for a short term [¹]; [²]. A concrete evil of the freedom-restricting punishment of crime, the significance of "the short term" of the short-term freedom-restricting punishment of crime, a substitute theory of the short-term freedom-restricting punishment of crime have been lectured on for a short term by such a point of view [¹]. For example, according to the law dictionary of the 50, Showa generation, explanation, "negation was strong, and the treatment in facilities, a substitute by the expansion of the fine punishment were insisted on in in recent times saying that I said the extremely short freedom-restricting punishment of crime of the prison term, and an improvement effect was rather dyed in evil for the freedom-restricting punishment of crime in the prison which cried in a short term" was done for a short term by the item of the freedom-restricting punishment of crime [³]. However, in late years I pay my attention to not only the function of 応法 and the threat of the freedom-restricting punishment of crime but also the education and the improvement function for a short term, and the discussion that an evaluation also utilizes freedom-restricting punishment of crime positively in a short term is seen [¹].

Significance of "the short term" of the short-term freedom-restricting punishment of crime

At first the significance of "the short term" of the freedom-restricting punishment of crime must be discussed for a short term on discussing freedom-restricting punishment of crime for a short term [⁴]. Generally, an opinion, six months opinion, a one year opinion are known for three months [¹].

• The prison terms less than it are the opinions of the relatively old situation beginning in what was adopted in a short term when it is freedom-restricting punishment of crime in the second international detective society Germany sectional meeting held in opinion 1891 for three months in March [¹].
• I occupy the viewpoint of the common view since I was adopted in the Strasbourg meeting of the United Nations Europe question group of opinion 1959 for six months [⁵].
• I have been insisted in the twelfth international criminal law of opinion 1950 and prison meeting for one year and am an opinion supported from the situation that is going to evaluate an educational effect of the freedom-restricting punishment of crime for a short term [⁵].

Evil of the short-term freedom-restricting punishment of crime

The history of the freedom-restricting punishment of crime evil theory is old for a short term, and a debate about the right or wrong of the introduction when I introduced "the lash" as a penalty by the promulgation of "the fine and lash disposal example" in Taiwan under the rule in Japan in (1898) in 1898 can grasp it [⁶]. In other words, from the lash introduction protection side, an evil of the freedom-restricting punishment of crime is pointed out for a short term, and it becomes even one reason of the lash introduction [⁶]. Freedom-restricting punishment of crime includes that not only an evil and a convict of the backwind infection but also the family is poor for a short term then [⁶]. It is said that freedom-restricting punishment of crime has an evil for a short term, and the debater of the opinion insisting on the abolition gives the following reasons as an evil of the freedom-restricting punishment of crime now in a short term [⁷]; [⁸].

1. I cannot afford to take education and improvement means in a short term, and there is not the threat power as the penalty, too.
2. The detention brings the material and mental poverty of the family, and the comeback to normal life after the release of the convict becomes difficult for a short term, too.
3. The facilities of the execution place are insufficient, and the instruction of the qualified staff becomes insufficient and transmits it to a backwind.
4. I let you lose sense of the terror of the detention and cause degeneration of the pride when I inflict short-term freedom-restricting punishment of crime on a first offender.
5. Because a convict of the freedom-restricting punishment of crime has many for a short term people of the lower class, I might deepen an unfair feeling.
6. The excessive occupation of the facilities by the freedom-restricting punishment of crime convict puts an unreasonable burden on execution business for a short term

In contrast, from the viewpoint that is going to find significance active for a short term in freedom-restricting punishment of crime, the following arguments are accomplished.

1. A criminal particularly criminal negligence includes a shock effect at a first offender, an opportunity.
2. The short thing in the prison term rather becomes the advantage as freedom-restricting punishment of crime if I see the fact of the prison.
3. A difference is over the pecuniary punishment to an impression power by a difference of the poverty and wealth, but, in short-term freedom-restricting punishment of crime as the freedom-restricting punishment of crime, there is not such an evil.

というものである [⁹]. Besides, as for the evil of the freedom-restricting punishment of crime and the thing which has been done, there is the indication whether is not an evil for the freedom-restricting punishment of crime itself not a thing coming from the nature in "a short term" of the freedom-restricting punishment of crime in a short term for a short term [⁸].

Substitute means of the short-term freedom-restricting punishment of crime

The choice that is assumed as substitute means of the freedom-restricting punishment of crime for a short term

1. Executing a substitute penalty (money of zh: easy punishment) to fine punishment
2. A stay of execution and system of conditional release of the punishment　
3. Forced labor
4. Disenfranchisement
5. Suspension of indictment
6. プロベーション
7. Reprimand in the trial
8. Good deed guarantee
9. Limit of the place of residence
10. At-home detention
11. Indeterminate sentence
12. Qualification restrictions

などである [¹⁰].

Of these, it is 7. "Reprimand in the trial" and 8. It is ineffective for the person whom desire for fame and the pride decreased, and, for "a good deed guarantee," it is said to the place of residence limit that it is impossible in a fact in the modern city. Thus, 1 mentioned above. 2. 3. It may be said that a discussion is concentrated in の three [¹¹]. Of these, about the executing a substitute penalty to fine punishment, I am said for a long time, but there is the practical difficult point, too [¹¹]. Primarily it confused a penalty system to use fine punishment in substitution for freedom-restricting punishment of crime and second had the problems that it was pointed out by the vicious circle that I would sentence to the labor ground custody when I did not pay a fine [¹¹]. Because I take an accompaniment action and can associate it with probation about a stay of execution of the punishment and the system of conditional release, the opinion to expect the function as freedom-restricting punishment of crime measures by these postponement systems and effective interlocking movement of the probation in a short term is influential, but an organization of the probation and the enhancement of the system are necessary for it [¹²]. In addition, it was said that there was not it despite the substitute means that the forced labor was necessarily effective [¹¹].

Therefore, in the present, I am combined with movement to reevaluate freedom-restricting punishment of crime for a short term, and power is put in the invention of the execution method of the freedom-restricting punishment of crime than exploring of the substitute means of the freedom-restricting punishment of crime for a short term in a short term [¹¹]. For example, is trials of the severe training and reinforcement by 3-month work and sports based on the principle of 3S of the camp (short, sharp, shock) in a boy short term in the U.K. [¹¹]; [¹²]. The principle of this British 3S was taken into account in the amendment of the criminal law in Japan [¹¹]. In addition, the detention and half detention system relaxes an evil of the freedom-restricting punishment of crime for a short term on opening treatment and the weekend and deserves examination as a thing rationalizing the execution [¹²].

Footnote, source

1. ^ ^{a b c d e f} Fujimoto (2008)136 page
2. ^ ^{a b} Maeno (2007)64 page
3. ^ "全訂法学辞典" (revision enlarged edition) Japan criticism company (1978)
4. ^ Fujimoto (2008)138 page
5. 139 pages of ^ ^{a b} Fujimoto (2008)
6. 52 pages of ^ ^{a b c} Umemura (2006)
7. 141 pages of ^ Fujimoto (2008)
8. 44 pages of ^ ^{a b} Segawa (1998)
9. 142 pages of ^ Fujimoto (2008)
10. 143 pages of ^ Fujimoto (2008)
11. 144 pages of ^ ^{a b c d e f g} Fujimoto (2008)
12. 45 pages of ^ ^{a b c} Segawa (1998)

References

• It is a green wood study Tetsuya Fujimoto "criminal policy outline" (全訂第 six) (2008)
• The Tetsuya Sakai responsibility "genealogy of the study intellect (Vol. 1) "empire" formation of editing Iwanami lecture "empire" Japan" (2006) 所収, the Naoyuki Umemura "rule to perform Chapter 2 variation"
• Tetsuya Fujimoto edition "practice notebook criminal policy" (the revision fifth edition) law study (1998) 所収瀬川晃 "22.a short term freedom-restricting punishment of crime"
• Ikuzo Maeno wears Ikuzo Maeno et al. "criminology of the advice (the second edition) law of the criminal policy" (2007)

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