북구의 형사정책 연구 -형벌 및 행형의 이론과 실제

Abstract

This study analyzes the trends in criminal policy and penal practice in Scandinavian countries. The Scandinavian model is well known in the world as efficient, just and humane experiences in criminal policy.

Since 1950, the levels of punishment among Nordic countries tend to decrease despite increase in index crimes. Average period of imprisonment and the number of prisoners per population is lowest in the world. Such tendency may be explained as change in penal value according to the advancement of life quality. From comparative studies, we may conclude that the level of punishment in a country depends upon the political and economic conditions rather than the seriousness of crimes.

There has been the renaissance of neo-classicism in penal theory with the decline of the rehabilitative ideal. Another trend is the emergence of Abolitionism criticising coercive treatment. Neo-classicism has had a great influence on the reform of criminal law in Nordic countries. The argument against imprisonment excited the revision and alterantives to imprisonment, among which may be included part-time sentence, day-fine system, community service, and contract treatment.

Scandinavian penal practice provides a model of humanitarian treatment and rights of prisoners. The prisoners enjoy both collective rights and individual rights. One of the leading ideas in corrections seems to be the principle of proximity and normality. The treatment is open to community, and public participation in corrections widens the room for community-based conflict-participation. More attention has to be paid to Scandinavian routes in criminal policy in order to develop humanity in our corrections.