The versatility and tightness of electronic monitoring: A comparative perspective between Spain and Belgium

Abstract

Despite the fact that the use of electronic monitoring systems has grown across Europe and within each jurisdiction, comparative research on the matter is scarce. Previous studies have highlighted two relevant aspects. On one hand, the versatility of the measure, in the sense that different (even contradictory) objectives and functions can be attributed to it. On the other hand, the difficulty in measuring and comparing the intensity of its use in different countries. For these reasons, this work aims to compare the areas of implementation of electronic monitoring in two different countries: Spain and Belgium. By looking at the different uses of the measure, the objective is to demonstrate the premise electronic monitoring fits in various phases of the criminal proceeding. Moreover, the research also compares the punitiveness of the measure in both countries by making use of the elements highlighted by Hucklesby et al.. The findings show the difficulty of drawing definitive conclusions about its punitiveness mainly due to the adaptability of electronic monitoring.