But the most noteworthy advocacy of conditional sentences, after
the action taken by the Howard Association in 1881, came from the
International Union of Penal Legislation, which at its Conference
at Berne in 1889 adopted a resolution in its favour, whilst
insisting, at the suggestion of M. Garofalo, ``on the necessity of
deciding its limitation according to local conditions, and to the
public opinion and moral characteristics of various nations.''
The Prison Congress of St. Petersburg discussed the substitution
of judicial admonition or conditional sentences for short terms of
imprisonment; but no resolution could be arrived at on this
occasion, and the matter was postponed to the next international
Prison Congress (Paris, 1895).
In Austria and Germany, again, several Bills have been introduced,
dealing with conditional sentences.
There are statistics for Belgium on the operation of this system.
The law of 1888 requires the keeper of the seals to report
annually to Parliament; and that authority drew up two reports,
dated May 14, 1890, and July 7, 1891.
From the day when the law came into operation up to December 31,
1889, out of 61,787 sentences in <p 274>the Correctional
Tribunals, 8,696 were conditional; and there were 192 relapses.
Out of 222,492 sentences in the Police Courts, 4,499 were
conditional, and there were 45 relapses.
These 13,195 conditional sentences included 8,485 for crimes and
offences under the penal code; 2,286 for breaches of police
regulations; 447 for breaches of communal and provincial
regulations; and 1,977 for contraventions of special laws.
The crimes and offences for which these sentences have been most
frequently pronounced are as follows:--
Correctional. Police.
Malicious Wounding ... ... ... ... ... 3,339 ... 491
Thefts, &c ... ... ... ... ... ... 1,803 ... 206
Resistance to and attacks on Authorities 961 ... 67
Destruction of Inclosures and Property 211 ... 56
Swindling and Breach of Trust ... ... 125 ... 5
Slander and Defamation ... ... ... ... 113 ... 79
Immorality ... ... ... ... ... ... 112 ... 10
Offences below 100 were: Abusive language, 99; Indecent assaults,
59; Threats, 58; Forgery, 49; Adultery, 48; Adulteration of food,
44; Unlawful wounding, 45; Unlawful possession, 31; Unlawful
carrying and sale of arms, 30; Bankruptcy, 26; Accidental
homicide, 20.
In the year 1890, out of 41,330 sentences in the Correctional
Tribunals, whereof 36,660 were not over six months' imprisonment,
7,932 were conditional, and there were 223 relapses. Out of
121,461 in the Police Courts, 6,377 were conditional, and there
were 49 relapses.
The proportion for various offences was approximately the same as
in the previous year.
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