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Abstract

The criminal punishment has four purposes: retribution, deterrence, rehabilitation

and incapacitation. Furthermore, punishment must also be proportionate to crimes

committed and criminal offenders. Hence, under the criminal law, judges are allowed to

exercise their discretions to inflict just punishment upon the given offenders. This also

includes the power to suspend the determination of punishment or suspend the Inflic-

tion of punishment with the attached conditions, in order to rehabilitate them instead of

incapacitating them. In cases where offenders do not comply with the attached condi-

tions and fled, the Courts will issue arrest warrants to prosecute them. Nevertheless, the

Criminal Code does not directly specify the prescription in such cases. The problem is

then arisen of which prescription period shall be applied, whether it is the prescription

period stated for offences committed, the prescription period in accordance with the in-

fliction of punishment, or the prescription period in accordance with the period that the

Courts suspend the determination of punishment or suspend the Infliction of punish-

ment. This creates a disparity among judges who applied them, which maybe unfair for

offenders who committed the same types of crimes. Consequently, it is advised that the

Criminal Code shall specifically indicate the prescription in such cases. This could be

done by enacting the second paragraph of section 57 of the Criminal Code, stating that

the prescription in cases where offenders violate the attached conditions shall be in ac-

cordance with the prescription period of the infliction of punishment, commencing from
the dates when the judgments are final. This shall create conformity among judges, in

order that it would enable offenders who committed similar offenses to receive the
same outcomes, which is the true purpose of criminal penalties.

Keywords: Suspension of the Determination of Punishment, Suspension of the Infliction

of Punishment, Prescription