Suspended Sentences In Light Of Contemporary Criminal Policy

Abstract

This study clarifies the concept of the suspended sentence system in legal terminology and examines how various national legislations have adopted this system. The study concludes that most legislations, both past and present, have embraced the idea of suspending a sentence on certain conditions, with continuous amendments by some countries to its terms and provisions in order to keep pace with the ongoing developments in modern criminal policy. The researcher also provides a concise yet comprehensive evaluation of the system under Libyan legislation, revealing that the Libyan legislator has adopted this system for crimes in general, provided that the judgment is well-reasoned. Moreover, the duration of the prison sentence subject to suspension must not exceed one year, except in cases involving juveniles and elderly offenders, where it may extend to two years. It would have been more appropriate for the suspended sentence to be the general rule when imposing penalties for misdemeanors and minor offenses, in line with modern penal policy, which seeks to achieve the goals of punishment without the need to impose actual penalties whenever possible.