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3. Imprisonment and social objectives
 
  Article 13-The concept of punishment  
12.1 The Concept and the Purposes of Punishment  
  Punishment is a measure of state compulsion assigned by a court's judgement. Punishment shall be applied to a person who has been found guilty of the commission of a crime. It consists of the depreciation or restriction of the rights and freedoms of this person, as provided for by this Code.
  
  Punishment shall be applied for the purpose of restoring social justice, and also for the purpose of reforming a convicted person and of preventing the commission of further crimes.  
12.2 Justice and punishment  
  When a crime is committed, an offence has occurred. Where a crime involves a serious offence, the impact may include the trauma of family, friends and a whole community.  
  For the functioning of society, fair justice must be done. For fair justice to be done, a wise balance must be established.  
  Excepting those crimes considered so abhorrent and dangerous by society that no rehabilitation is considered possible, all punishment must by definition be based on rehabilitation- that is at least in the reduction of the likelihood of re-offence.  
  Any system that surrenders and/or removes rehabilitation from its code of penalties risks a Justice system that will be both manifestly inadequate in curbing crime and unjust.  
12.3 Punishment and resolution  
  Evil begets evil. Injustice breeds injustice. A system that creates concentrations of evil in the form of barbaric prisons and executes citizens against its will is an unjust society that will never find peace and resolution in responding to crime.
  
  For a system to be fair and just, for an offence to be resolved as wisely as possible, the entire nature of punishment versus the remorse and willingness of the offender to atone and reform needs to be considered.
  
  Damnation of a soul simply adds to the greater misery and evilness in the world. What is greater than any damnation is forgiveness and a choice of appropriate punishment through the choice of absolution or penitence by an offender.
  
12.4 Absolution and penitence  
  The sentencing of punishment for crimes committed shall always be based on the principle of the convicted offender having a choice between a punishment relating to a program of eventual absolution or a punishment program relating to a period of penitence.
  
  A choice of absolution shall always be associated with a convicted offenders public admission of guilt and remorse for the crime and willingness to atone. In response the punishment should be commensurate with the crime but with the opportunity of eventual absolution.
  
  In contrast, an absence of guilt, or genuine remorse shall always be associated with penitence and with longer periods of incarceration.
  
12.5 The symbolic importance of Absolution  
  Regardless of the minimum sentences demanded by society for certain crimes, the importance of an offender offerring a clear sign of early remorse, without having to undergo the time, expense and trauma of further court proceedings is significant.  
  Firstly it is significant in that it clearly demonstrates on the part of the offender a level of remorse and guilt for their crimes. In this sense, one of the goals of sentencing being the object to limit the risk of re-offence is better served by such early recognition by an offender.  
  Secondly, such early remorse and guilt shows a clear willingness of the offender to seek some form of resolution for their crime. Again, this benefits any sentence regime in that the offender clearly shows a willingness to move forward an make amends.  
  While the seriousness of some crimes means that a sentence, regardless of whether it qualifies as absolution means that sigificant reductions of a persons liberties and rights might be mandated, in most cases absolution means an offender is entitled to undergo a shorter, more specific and intensive sentence than otherwise would be the case if they failed to admit such early guilt.  
12.6 The chance to be absolved by society for one's crimes  
  Contrary to the historic principle of criminal code based on an 'eye for an eye', one of the greatest incentives for non-repeat offenders of crime in society is the chance to be absolved by society for one's crimes.  
  That is, upon admitting early guilt and willingly accepting the need to change and seek reconcilation in some cases for one's crimes, society in exchange is willing to eventually absolve a person of their crimes. This therefore must include the notion that all record of such crime under absolution must have a sunset clause and furthermore, that upon reaching a certain date having not re-offended, that the state effectively "pardons" a former convicted criminal in recognition of their full rehabilitation.  
12.7 The traditional notion of punishment for crime  
  Where an offender is not willing to admit guilt for their crimes at an early stage, then the more traditional notion of punishment for crime is appropriate. However, considering that all but the very worst of crimes must take into account the eventual release of convicted criminals back into society, the concept of penitence is used.  
  Unlike a person who has admitted early to guilt and has shown a willingness to reform, a person who refuses to admit guilt automatically indicates that a period of compulsory actions must be applied "against their will" for some period.  
  It is only after such initial sentence elements are applied and that a person finally admits their guilt that any kind of rehabilitation can commence.  
  In extreme cases where a convicted person defiantly shows absolutely no guilt or remorse and even more rigourous regime of punishments must be considered to bring about some level of remorse, and eventual change of character. This then is the nature of penitence.  
     
     
 
 

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