Parole - Legimertical Comprehension / სასჯელის მოხდისაგან პირობით ვადამდე გათავისუფლება – ლეგიმეტრიული გააზრება

Papuna Guruli

Abstract


Value judgment is highly important in terms of criminal law. Facts need not only to be described or explained but to be judged as well. This inevitably requires measuring operations to be produced especially when it comes to punishment. It shall be done necessarily. Legimetry is a relatively new discipline which aims to elaborate effective techniques of measurement. Present study is a humble attempt to comprehend the provisions on parole imposed by Georgian legislation through legimetry and fi nd out whether they comply with the basic principles of criminal law. Consequently we came to the following conclusions:
To ensure both fairness and effectiveness of punishment the principle of proportionality of criminal liability and punishment must be respected during both stages: sentencing and enforcing the sentence, as well as during the parole hearing.
Each parole decision should be reasoned in terms of whether the goals of sentence are already achieved (thus further serving of punishment is unnecessary) or whether they will be achieved more effi ciently if the parole is granted.
The standard of legal reasoning should be settled by the law (not by a by-law) and reinforced by the clear system of measurement reasonably limiting discretion and preventing arbitrary decisions. The opposite may cause the increase of personal/social disintegration.
The provisions on parole imposed by Georgian legislation do not fulfi ll the requirements proposed above. Thus, they don’t comply with the principle of proportionality of criminal liability and punishment. A fundamental revision of the legislation is needed to correct those deviations.


Keywords


Fairness; Expediency;Balance;

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