What are intermediate sanctions and how do they differ from traditional forms of sentencing?
Alternative measures to imprisonment
***Lawyer, Master in Criminal Law and Criminal Procedure (LLM), Universidad Diego Portales. Doctor in Law, Ernst-Mortitz-Arndt University of Greifswald, Germany. Research Professor at the Centro de Estudios de la Justicia of the Law School of the Universidad de Chile (Chile). [email protected]
Most of the European continental or common law legislations -such as those that will be the object of this study-, consider in their legislation the regulation of “alternative penalties”, which have different historical roots2.
The term “alternative penalties” can be used to conceive any sanction that does not imply deprivation of liberty. Although some authors use the generic term “alternatives to prison “3 , the concept is quite broad, insofar as it not only covers the sanctioning spectrum, but also considers other alternatives to prison that may be imposed during the criminal process, such as pretrial detention or some diversion mechanisms.
The imposition of a sentence if and only if there is no less harmful means.
In this new system, in addition to oral trials, for certain crimes, those considered not serious, alternative means of dispute resolution or abbreviated proceedings may be applied.
Victim: Is the individual or legal entity whose rights have been directly affected by the commission of a crime; these rights may be related to life, liberty, patrimony, security, among others.Offended: Is the individual or legal entity whose rights or interests have been injured or endangered by a crime. This person may not be directly affected by the crime, for example: a guardian, a spouse, etcetera.
The rights of the victim or injured party are guaranteed in the Political Constitution of the United Mexican States and contemplated in the National Code of Criminal Procedures. The victim or the offended party has the right to:
The legal advisor guides and legally advises the victim or offended party during the process. The legal advisor may be appointed at any stage of the proceedings. The legal advisor may be a private individual appointed by the victim or offended party; if he/she cannot appoint one, he/she will have the right to an ex officio legal advisor, who must have a law degree or be a licensed attorney and must accredit his/her profession from the beginning of his/her intervention with a professional license.
The oral trial judge must hear the parties and evaluate the evidence that was presented during the interrogations. Afterwards, he/she will issue the sentence that determines the guilt or innocence of the accused, which must be read and explained in a clear and precise manner for the accused and the victim.
Today, the victims of the crime and those responsible for committing it, will be able to know from the beginning how justice works, what to expect from the criminal process and understand clearly what happens during a trial. Let us remember that due process is a human right.
One contribution of the New Accusatory Criminal Justice System to the citizens is to expedite the resolution of conflicts, and to this end, it offers several possibilities for those involved to reach agreements before facing each other in the Oral Trial.
– As long as the accused has not previously entered into other agreements with any other person for the same cause, that is to say, that this benefit is not abused, reaching agreements and always avoiding the trial.
Theories of punishment
That, Article 4 of the Universal Declaration of Human Rights, establishes that no one shall be held in slavery or servitude, slavery and the slave trade being prohibited in all their forms;
That, Law No. 28950, Law against Trafficking in Persons and Smuggling of Migrants, as well as its Regulations, approved by Supreme Decree No. 001-2016-IN, regulate a set of actions for the prevention, prosecution and punishment of the crimes of trafficking in persons and smuggling of migrants, as well as protection and assistance to the victims of the referred crimes;
That, by virtue of the Supreme Decree cited in the preceding recital, the Multisectoral Commission of a Permanent Nature against Trafficking in Persons and Smuggling of Migrants is constituted, establishing within its functions to propose policies, standards, plans, strategies, programs, projects and activities against Trafficking in Persons and Smuggling of Migrants, as well as to carry out follow-up and monitoring actions on the implementation of policies, programs, plans and actions against Trafficking in Persons at the three levels of government.