Kara ograniczenia wolności w systemie środków reakcji karnej. Rozważania aksjologiczne i polityczno-kryminalne

Abstract

Restriction of liberty in the system of criminal remedies. Axiological and political-criminal reflections

The beginning of the 21st century has been marked by technicisation of sentencing, development of biometry, managerialism in sentencing and privatisation of sentence en­forcement. As if on the margins of the main process there are attempts to find alternatives to the old paradigm, especially in the form of remedial justice. The present paper is an an­alysis of the axiological assumption, international experiences as well as selected foreign and Polish solutions concerning remedies based on local community work. Experiences with applying this form of sentencing demonstrate its advantages: staying in touch with one’s milieu, self-discipline, flexible sentencing and costs of organisation. If the remedy is to be perceived as a form of punishment, it is important for the work performed by the sentenced offenders to be genuinely beneficial to society.