Comparative Legal Aspects of Foreign Legislation against Return to Crime among Convicts Serving Sentences without Isolation from Society

Abstract

The author of the article analyzes foreign legislation in the field of preventing repeated crimes among convicts serving sentences without isolation from society. The active policy of large-scale humanization of the penal system (hereinafter referred to as the penal system) of Russia determines the relevance and practical significance of the ongoing research in the field of studying foreign experience in the fight against repeat crime among convicts. The article analyzes the effectiveness of the use by various foreign countries of certain measures to prevent repeated crimes among convicts, and also discusses methods and means of combating repeated crime among this category of convicts. The common overseas practice of using the institution of probation as an effective tool to combat repeated crimes committed by convicts is explored. The institute of probation in some foreign countries has a long history of development and application. In addition, the author extrapolates foreign legislation on the prevention of repeated crimes to the existing realities of domestic legislation in this area. It is noted that despite the positive experience in preventing repeated crimes among convicts in foreign countries, this does not mean that we should blindly and thoughtlessly borrow it and immediately begin to implement it into our unique and distinctive penal system. Any innovation, before being integrated into an existing system, must undergo mandatory testing to establish the effectiveness of its use in practice.