Suspended (prison) sentences reimagined

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Authors: Jakub Drápal
Cited by: 0

Abstract

This chapter proposes a re-imagined suspended sentence designed to align with contemporary sentencing principles, particularly proportionality. It introduces three core innovations: (1) specifying a potential prison sentence to reflect offence seriousness; (2) requiring additional sanctions or measures to give the sentence meaningful penal bite; and (3) deducting the impact of those measures if the suspension is later revoked. Unlike traditional suspended prison sentences, the proposed model ensures clarity, avoids sentence inflation, and better responds to offenders’ risks and needs. While illustrated using one jurisdiction, the model offers a coherent and adaptable framework for reform across continental legal systems.

Fields of Study & Subjects

Criminal Justice and Corrections Analysis Psychopathy Forensic Psychiatry Sexual Offending Criminal Law and Policy

Publication details

Pages
258–278
Publication date
8 January 2026
Language
EN
Document type
Book chapter