The proportionality of criminal punishment from the perspective of third parties – an introduction to the issue

Abstract

Conviction for a crime raises a number of legal consequences not only for the convicted person, but also for those who are in a family or professional relationship with this person, as well as for the victims of crime. However, the existing regulations applicable to adjudication in criminal matters do not require consideration of the influence of the conviction on the situation of third parties. This fact justifies an attempt to investigate whether the legal system protects these persons from the negative influence of a conviction, and from the effect of the use of instruments of criminal punishment on their family and property, and whether the consequences of a conviction for third persons should be taken into account by the court in the process of adjudication regarding the response to a crime. The author also attempts to formulate a statutory requirement for the criminal court to take into account the individual and social consequences of a conviction, including the consequences of the use of punitive measures, referring in particular to the problem of equality under the law and proportionality of the criminal punishment to the harm suffered by third parties
in the event of its application.