사회봉사명령의 현실과 독립된 형사제재로서의 발전방안

Since the introduction of the community service order their practical importance has considerably risen in last decades. In spite of the criminal-political expansion trends the community service order has kept theirs juridically narrow range of application up to the present. To the dissatisfactory actual state of affairs with the enforcement of short terms imprisonment and fines respective disadvantages of the classical sanction still appear. Above all just short terms imprisonment entail undesirable side effects. Therefore, is recommendable to avoid this weakness by the application of the community service order as an independent sanction or as a spare punishment. So, the court should be able to allow to the convicted in the procedures of investigation or measure of execution not only to serve a fine also a short term imprisonment by the community service order. It is absolutely prospective that this sanction manner costs more money and human forces than fines and term imprisonment. Not to deny, however that the conviction shows reasonable means of the positive special prevention to the achievement of charitable work, while an active and voluntary achievement is required by the culprit. And finally to the result evident improvement of the rehabilitation and reoffending rate reduction could introduce a cost decrease concerning qualifying damages of potential victims. The permission of community service order instead of term imprisonment could be still advantageous if it helps with the warning function the convicted to lead a more well-arranged life.