 |
5. Justice and
punishment
|
|
| |
Article 47-Level
2-Minor penalties
|
|
| 47.1 |
Level (2) Minor penalties |
|
| |
A minor penalty is the second lightest set of criminal penalties and is reserved almost exclusively for non violent, non sexual first time offenders with an excellent chance of rehabilitation. |
|
| 47.2 |
Penalty selection |
|
| |
Penalties are divided into two sections for each (type):- absolution and penitence. Only the penalties listed under the appropriate section (e.g. penitence.) and under the appropriate type (e.g. Type 3) may be selected where the offence matches the same criteria. Under no circumstances shall the penalties listed for absolution be applied to an offence that only qualifies for penitence. and vice versa. |
|
| |
In terms of penalty selection, a minimum of two (2) and a maximum of (4) penalties may be selected as part of a recommended punishment. |
|
| |
| Where a penalty is listed with an asterisk (*) and the yellow color means it is a mandatory sentence component and must be included as part of the sentence. |
* |
|
|
| |
If no asterisk (*) and no color is listed over a sentence element, it means it is an optional sentence component and may be selected providing the total number of sentence components does not exceed four. |
|
| |
All sentence components must be served concurrently, that is in parallel. It is not permissible to artificially extend the length of a sentence by stating they must be served consecutively (one after the other). |
|
| 47.3 |
Six types (levels) of minor penalties |
|
| |
Under the Criminal Code, there are six types (levels) of Level 2-minor penalties. These levels match the specific conditions of minor offences. However, where types are grouped under the same offence, the severity or leniency within a category is to be determined by any mitigating and/or aggravating circumstances. |
|
| |
Type 1 penalties |
| Absolution |
| 1 |
Criminal Record: 1 yr |
| 2 |
Fine: max 1 av wkly wage |
| 3 |
|
| 4 |
|
| 5 |
|
| 6 |
|
|
| Penitence |
| 1 |
Criminal Record: 2 yrs |
| 2 |
Compulsory work : 0.25 yrs |
| 3 |
Part Property Seizure; |
| 4 |
Electronic Monitoring; |
| 5 |
Crime display on clothing; |
| 6 |
|
|
|
|
|
| |
Type 2 penalties |
| Absolution |
| 1 |
Criminal Record: 1 yr |
| 2 |
Fine: max 1 av wkly wage |
| 3 |
|
| 4 |
|
| 5 |
|
| 6 |
|
|
| Penitence |
| 1 |
Criminal Record: 2 yrs |
| 2 |
Compulsory work : 0.25 yrs |
| 3 |
Part Property Seizure; |
| 4 |
Electronic Monitoring; |
| 5 |
Crime display on clothing; |
| 6 |
|
|
|
|
|
| |
Type 3 penalties |
| Absolution |
| 1 |
Criminal Record: 1 yr |
| 2 |
Fine: max 1 av wkly wage |
| 3 |
|
| 4 |
|
| 5 |
|
| 6 |
|
|
| Penitence |
| 1 |
Criminal Record: 2 yrs |
| 2 |
Compulsory work : 0.25 yrs |
| 3 |
Part Property Seizure; |
| 4 |
Electronic Monitoring; |
| 5 |
Crime display on clothing; |
| 6 |
|
|
|
|
|
| |
Type 4 penalties |
| Absolution |
| 1 |
Criminal Record: 2 yrs |
| 2 |
Fine: max 2 times av wkly wage |
| 3 |
|
| 4 |
|
| 5 |
|
| 6 |
|
|
| Penitence |
| 1 |
Criminal Record: 4 yrs |
| 2 |
Compulsory work : 0.5 yrs |
| 3 |
Part Property Seizure; |
| 4 |
Electronic Monitoring; |
| 5 |
Crime display on clothing; |
| 6 |
|
|
|
|
|
| |
Type 5 penalties |
| Absolution |
| 1 |
Criminal Record: 2 yrs |
| 2 |
Fine: max 2 times av wkly wage |
| 3 |
|
| 4 |
|
| 5 |
|
| 6 |
|
|
| Penitence |
| 1 |
Criminal Record: 4 yrs |
| 2 |
Compulsory work : 0.5 yrs |
| 3 |
Part Property Seizure; |
| 4 |
Electronic Monitoring; |
| 5 |
Crime display on clothing; |
| 6 |
|
|
|
|
|
| |
Type 6 penalties |
| Absolution |
| 1 |
Criminal Record: 2 yrs |
| 2 |
Fine: max 2 times av wkly wage |
| 3 |
|
| 4 |
|
| 5 |
|
| 6 |
|
|
| Penitence |
| 1 |
Criminal Record: 4 yrs |
| 2 |
Compulsory work : 0.5 yrs |
| 3 |
Part Property Seizure; |
| 4 |
Electronic Monitoring; |
| 5 |
Crime display on clothing; |
| 6 |
|
|
|
|
|
| |
|
|
| |
|
|
| |
|
| |
Copyright © 2009 Euro-Union.Org. All rights reserved.
|
