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The process of individualisation of punishment in insolvency crimes

Author

Listed:
  • Jozef Čentéš

    (Comenius University in Bratislava)

  • Michal Mrva

    (Comenius University in Bratislava)

  • Michal Krajčovič

    (Comenius University in Bratislava)

Abstract

In the context of considerations concerning justice in the punishment of criminal offenders it is necessary to focus on the issue of individualisation of the sentence. Through this process the court determines the offender's particular kind of punishment and sentence. The punishment should subsequently be an expression of society's idea of the state's fair reaction to the offence committed. The authors have focused on the process of individualisation of punishment in the case of sentencing offenders in insolvency crime. The theory of rational choice and ideals of restorative justice are of crucial importance in the authors' thinking. In reflection of the object of the criminal activity and the element of reciprocity (presuming rationality of the perpetrator) we come down to the suitability of the more common imposition of pecuniary penalty on these perpetrators. The text analyses both the advantages and disadvantages of pecuniary penalty, not just in relation to insolvency offenders.

Suggested Citation

  • Jozef Čentéš & Michal Mrva & Michal Krajčovič, 2018. "The process of individualisation of punishment in insolvency crimes," Post-Print hal-02342903, HAL.
    • Handle: RePEc:hal:journl:hal-02342903
    DOI: 10.9770/jesi.2018.6.2(10)
    Note: View the original document on HAL open archive server: https://hal.science/hal-02342903
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    File URL: https://hal.science/hal-02342903/document
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    Cited by:

    1. Jana Šimonová & Jozef Čentéš & Andrej Beleš, 2019. "Financial analysis of innovative forms of money," Entrepreneurship and Sustainability Issues, VsI Entrepreneurship and Sustainability Center, vol. 7(1), pages 69-80, September.

    More about this item

    Keywords

    insolvency; insolvency crime; punishment; criminal liability; pecuniary penalty; individualisation of punishment;
    All these keywords.

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