Terms of Probation in Criminal Law: Reasonableness of the Time Extent

Abstract

In criminal law, there are a number of institutions with temporal nature: conditional sentence, conditional discharge, temporary suspension, limitation period, conviction. In the theory of law attempts were taken to carry out a cumulative analysis of some of them based on their conditional or non-punitive nature. It is the last feature that allowed combining these measures into an integrated institution of probation that is currently analyzed exclusively at the theoretical level. A slightly different approach to the analysis of probation is based on its temporal nature, genetic connection with timing. There has never been a comprehensive inquiry into the timing of probation under criminal law. A fragmented analysis of the issues leads to different conclusions on major issues: the notion of a probationary period, the date of its commencement and ending, its size and significance. It remains unnoticed that in the course of evolution time limits under criminal law acquired a number of functions: evaluation of the effectiveness and appropriateness of prosecution, decreased or increased repression, inspiring and encouraging individuals who have committed socially dangerous acts, etc. Based on extensive empirical and theoretical material and foreign experience, the article attempts to evaluate the reasonableness of normatively defined extents of terms of separate institutions of criminal law (conditional sentence; conditional discharge; conviction).