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Spravodlivý trest
Just Punishment
Dr. h. c. prof. JUDr. Lucia
K u r i l o v s k á, PhD., Institute of State and Law of Slovak Academy of
Sciences
Plk. doc. Ing. Stanislav Š i š u l á k, PhD., Academy of the Police Force in
Bratislava
Právny obzor, Volume 103, 2020,
No. 4,
pp. 281 – 296.
Published online: 31.8.2021
Abstract. Criminal
justice always was and still is executed mainly by sentencing the perpetrator of
criminal offense to a certain kind of punishment, which they are supposed to
endure (suffer) as a cause for their criminal wrongdoings. We all know that such
punishment has to be just, i. e. on a specific level appropriate to the offense
in question. But this special quality of punishment did not always mean
necessary the same thing indeed, it has varied greatly over historical evolution
of criminal justice as such and was at every time closely tied with the general
intended purpose of punishing. In the presented article, the authors look first
at the main reasoning behind sentencing an offender to punishment and its
overall ratio. Next, they briefly analyse the changes which the intended purpose
of imposing a punishment undergone in terms of legal science and philosophy over
previous centuries and the most notorious theories produced by this evolution.
Secondly, the authors address the point of the concept of restorative justice in
contrast to the concept of retributive justice, which both bear some significant
traits of the main two separate theories on the purpose of punishment, as
established previously. They argue that the current tendency of criminal
politics to concentrate around undoing the wrong done by the crime, the supposed
healing, restoration, changed greatly how we think about the justness of
punishment. In this line of thought, they try to define just punishment as a
core value of the concept of restorative justice. At last, in the third part of
the presented article the authors try to sketch the basic rules of how we might
determine that the punishment is just, so as to distinguish the way how the
legal practitioners, mainly judges, should establish such punishment in terms of
our legal heritage, culture and positive law.
Key words: just
punishment, restorative justice, criminal justice, intended purpose of
punishment
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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