Alternative Punishment Research Articles

Legal remedies against amber abuse: problems of implementation and optimization

The article is devoted to the coverage of certain problems related to the use of criminal legal means against persons who commit the crimes provided for in Art. 2401 of the Criminal Code of Ukraine illegal extraction, sale, acquisition, transfer, forwarding, transportation, processing of amber, and with the improvement of such means. Emphasis is placed on the study of relevant judicial practice. The provision on the need to differentiate criminal responsibility for illegal actions with amber depending on group forms of complicity is argued. It is proved that the proposed improvement of Art. 2401 of the Criminal Code of Ukraine will be consistent with the requirements established in jurisprudence for the construction of qualified compositions of criminal offenses. The theoretical position is supported, according to which, if the relevant composition of the criminal offense does not include such features as its commission by a group of persons and an organized group, then the qualification of the offense committed by the organizer and members of the group should be carried out with a reference in the qualification formula to part 2 or part 3 st. 28 of the Criminal Code of Ukraine with the inclusion in the legal wording of the indictment of the characteristics «committed by a prior conspiracy by a group» or «committed by an organized group.» Based on the study of judicial practice materials, it has been established that the exemption of persons who commit the analyzed crime from serving a sentence is widespread (Article 75 of the Criminal Code of Ukraine), and the imperfection of the sanctions of Article 2401 of the Criminal Code of Ukraine, considerations were expressed regarding their optimization, namely the consolidation in Part 1 of Art. 2401 of the Criminal Code of Ukraine provides for a fine as the non-alternative main punishment, and in Part 2 and Part 3 of this article - alternative punishments in the form of a fine and imprisonment for a certain period. The imperfection of judicial practice related to ensuring the individualization of criminal responsibility for «amber» torts has been demonstrated - the imposition of a fine as the main type of punishment in the minimum amount and failure to take into account the role, nature and degree of participation of each of the accomplices in the commission of a criminal offense.

Regulatory and legal component of administrative regulation of probation

The article examines the normative-legal component of the administrative regulation of probation.Itwasdeterminedthattheadministrative and legal regulation of probation is a set of legal norms and mechanisms that determine the order of organization and implementation of probation measures in the state, the competence of state bodies, their duties and rights regarding control over the implementation of probation measures and interaction in this area with the courts , law enforcement agencies and social services. It is noted that probation is a system of supervision, control and social-educational measures applied by court decision to offenders instead of imprisonment or as a substitute for punishment, includes individual supervision, assistance in resocialization and measures aimed at preventing repeated crimes and ensuring safety society, while integrating the offender into social life without isolation. It is emphasized that the NPA system of administrative and legal regulation of probation includes international legal standards, national NPAs, including Acts of central executive bodies, local normative acts, agreements, methodological recommendations, etc., the norms of which are aimed at the development of alternative punishments, provision of rehabilitation and social support of offenders, regulation of the organization and implementation of probation in Ukraine, determine the legal basis for the activity of probation authorities, and also establish the procedure for providing probation services for persons who have committed a criminal offense. It was determined that the shortcomings of the administrative and legal regulation of probation are: the imperfection of the legislative framework, violation of the probation procedure, clear criteria for assessing the convicted person and the system for assessing the risks of recidivism, the mismatch of resources and the burden on the system, the low level of coordination between subjects of probation, the prevalence of ineffective methods of psychological works; society is not aware of the purpose and mechanism of probation, etc. It has been stated that the prospects for improving the normative-legal basis of the administrative-legal regulation of probation in Ukraine are: harmonization of legislation with international standards, institutional strengthening of the probation system, expansion of various approaches to probation, improvement of mechanisms for rehabilitation and support of offenders, involvement of public organizations, development of electronic monitoring systems , expanding educational programs for probation officers, increasing funding, research and analysis of probation effectiveness, etc.

Munka és büntetés. A közérdekű munkáról és a fogvatartottak munkáltatásáról

The author provides an overview of the Hungarian penal law by showing the advantages and disadvantages of employing a convict during a prison sentence or as an alternative punishment.

Keadilan Restoratif Sebagai Upaya Penyelesaian Tindak Pidana Dalam Sistem Hukum di Indonesia

The justice that has been taking place in the criminal justice system in Indonesia is retributive justice, while what is expected is restorative justice, namely a process where all parties involved in a particular criminal act work together to solve the problem, how to deal with the consequences in the future, not yet regulated by strict norms that prevent criminal cases from having to be resolved outside of court using restorative justice. Based on the background above, researchers are very interested in studying: 1) How is the development of restorative justice in the Indonesian legal system? and 2) What are the principles of restorative justice in resolving criminal cases in Indonesia? The type of research used in this research is normative legal research. The development of restorative justice in the Indonesian legal system is based on the lack of satisfaction from the existing criminal justice system process, where it is felt that it does not meet the needs of the community, because in a criminal justice system process the parties in conflict are not involved but only involve between perpetrators and the state. Victims and the community are not involved in conflict resolution, in contrast to the principle of restorative justice where victims and the community are also involved in conflict resolution. The principle of restorative justice in resolving criminal cases in Indonesia is not something relatively new in Indonesia because it is a dispute resolution model which is one type of alternative punishment in the criminal law system in line with the aim of criminal sanctions according to the concept of customary law, namely restoring cosmic balance, balance between The world was born with the supernatural world, to bring a sense of peace between fellow citizens or between members of society and their community.

Alternative punishments: How laypeople and judges impose alternative noncarceral sanctions.

Alternative punishments: How laypeople and judges impose alternative noncarceral sanctions.

A New Opening for the Alternative Punishments Debate: Applying the Extended Mind Thesis

AbstractThe debate on alternative punishments appears to be stagnating. The impasse may be overcome if we consider humans from a different philosophical perspective. If we answer differently the question of who we are punishing, we open new possibilities regarding the question of how we punish. In particular, by applying the extended mind thesis we can arrive at interesting outcomes and reopen the debate on alternative punishments. According to this theory, external artifacts—such as smartphones—can be considered part of our minds. In this article, I defend the thesis that restricting access to personal technologies that are a part of one's self should be considered a form of punishment. Thus, a human who is considered from an extended perspective can be punished in a new way.

تحلیل جامعه‌شناختی جزاهای بدیل حبس در حقوق کیفری افغانستان

Imprisonment is one of the criminal reactions, which is applied to establishment of social order and ensure justice. Alternative punishments of imprisonment were proposed as a result of the emergence of critical criminology theories in the 19th century and de-imprisonment theories. According to the theories of the abolitionist schools, the movements of de-imprisonment and international documents, the Afghan legislator has determined the alternative punishments of imprisonment as the main punishment in 2016. The novelty of the alternative punishment of imprisonment as the main punishment in the penal code and how it matches with the prevailing culture needs a research in this regard. The purpose of the research is to study the alternative punishments of imprisonment, its function in reforming the criminal and how it is accepted as a social phenomenon in the Afghan society. The question is, what is the function of alternative prison sentences from a sociological point of view? What is the feedback of alternative prison sentences in correction and rehabilitation of criminals? This research has been done in a descriptive-analytical way, using a library tool to collect data, in the criminal law of Afghanistan. The findings of the research are; The legislator has determined the alternative punishments of imprisonment for the first time in its modern form as the main punishment. As far as the alternative punishments of imprisonment have been implemented in the society, according to the punishment of imprisonment, it has played more effective roles in the part of reformingthe criminal. Chnging imprisonment to an alternative punishment during punishment shows the flexibility of the legislator regarding the criminals in order to provide the basis for their reformation. However, lack of strict monitoring of its implementation, lack of necessary tools and equipment for electronic monitoring, and lack of culturalizaion among judges to determine alternative punishments to imprisonment are among the problems in its implementation.

Legal politics of criminal law against the revival of death penalty as an alternative punishment in the new criminal code

Legal politics of criminal law against the revival of death penalty as an alternative punishment in the new criminal code

Studi Perbandingan Terhadap Rumusan Pidana Mati Pada Kitab Undang Undang Hukum Pidana Dengan Undang Undang Nomor 01 Tahun 2023 Tentang Kitab Undang Undang Hukum Pidana

There is a comparison the regulation of the formulation of the death penalty between the Indonesian Criminal Code and Law Number 01 of 2023 concerning the Criminal Code. The research method used is normative juridical, which is a research method using library literature, which consists of books, laws, scientific works, and various kinds of library literature. The data sources used are primary, secondary and tertiary legal data. The implementation of the death penalty based on Law No.02/PNPS/1964 concerning the Implementation of the Death Penalty, namely that the death penalty imposed in general justice or military justice is carried out by being shot to death. A comparison of the formulation of the death penalty between the Old Criminal Code and the National Criminal Code is that the death penalty can be changed to life imprisonment if the convict behaves well during the 10 years in prison, the death penalty is no longer included in the basic criminal category and becomes an alternative (special) punishment, the regulation of delaying the death penalty Pregnant women, breastfeeding mothers and mentally ill people are included in the National Criminal Code, the death penalty in the National Criminal Code prioritizes human rights, the regulation of the death penalty in the National Criminal Code is more modern, advanced and follows Indonesian legal culture

Criminal Law Policy (Penal Policy) in the Formulation of Criminal Sanctions Against Narcotics Crimes in Indonesia

To overcome the problem of drug crimes, it is necessary to have a criminal law policy (penal policy). This policy must be concentrated on two things, the first is aimed at applicable policies, namely policies on how to apply the criminal law laws and regulations currently in force in order to deal with drug problems and the second is formulative policies or policies that lead to reform of criminal law (penal law reform) namely policies on how to formulate criminal law legislation which is also related to the concept of the new Criminal Code (KUHP), especially in the context of tackling drug crimes in the future. This research uses a descriptive analysis methodology with a normative juridical approach with secondary data sources. It is hoped that the results of this research will be able to provide answers regarding the most appropriate form of sanctions to be applied to perpetrators of drug crimes. The policy of formulating criminal sanctions according to the drug law in the future for perpetrators of drug crimes in Indonesia is in line with the general provisions contained in the National Criminal Code (KUHP) Concept and in accordance with the decision of the Constitutional Court regarding the death penalty provisions, taking into account: The death penalty is no longer a crime. principal, but as a special and alternative punishment, the death penalty can be imposed with a probationary period of ten years which, if the convict behaves commendably, can be changed to life imprisonment or 20 years g. The death penalty cannot be imposed on children who are not yet adults. The execution of the death penalty against pregnant women and someone who is mentally ill is postponed until the pregnant woman gives birth and the mentally ill convict recovers.

Alternative Punishment In The Criminal Justice System

Alternative Punishment In The Criminal Justice System

THE IMPLEMENTATION OF RESTORATIVE JUSTICE FOR NARCOTICS ADDICTS BASED ON LEGAL BENEFITS

Narcotics addicts are "self victimizing victims", because narcotics addicts suffer from dependence syndrome as a result of their own narcotics abuse. The purpose of writing this article is to analyze the current law enforcement against narcotics addicts and the implementation of restorative justice for benefit-based narcotics addicts. This type of legal research is normative juridical research. Crimes related to narcotics include special crimes, where the provisions used include special provisions of the law. Narcotics crimes are called special crimes, because narcotics crimes do not use the Criminal Code (KUHP) as the basis for regulation, but use Law No. 35 of 2009 concerning Narcotics. Narcotics addicts and victims of narcotics abuse are not solely seen as perpetrators of criminal acts, but also as victims, where the implementation of rehabilitation is part of an alternative punishment. The drug users as victims of narcotics crimes must be restored / cured and not to be imprisoned. Restorative justice for drug users can save their future. Even though their past and present have been lost as a result of the drug abuse.

The Legal Framework for Community Penalties in Jordanian Law

This study aims to clarify the contemporary criminal justice policy, which endeavors to embrace a system of societal sanctions, also known as alternative punishments, as a viable alternative to conventional criminal justice in the present era. This is in response to the fact that the prevailing criminal justice policy in both Arab and foreign legal systems primarily emphasizes punitive measures, resulting in a surge in crime rates and a mounting caseload in the judiciary. Upon concluding our study, we determined that the Jordanian legislator made a proper decision by implementing many alternative societal sanctions, such as social service, social control, and social service, which are acknowledged in comparable laws. There should be strong assurances in place to ensure that convicts can be successfully reintegrated into society after their release. This includes allowing conditional release, where a convict's good behaviors do not prevent them from benefiting from this measure before the specified end date of their sentence. It is important to always provide opportunities for convicts to benefit from alternative punishment systems, as this decision should be based on the best interests of society, rather than solely on the convict's interest.

Alternative Punishment Based on Restorative Justice to Reduce the Overcapacity of Indonesian Community Institutions

Alternative Punishment Based on Restorative Justice to Reduce the Overcapacity of Indonesian Community Institutions

Aspects of Personnel Management of the Probation Service in Albania: Under the Perspective of the Tokyo Rules

The Probation Service is a crucial component of state organization and operation, as this institution\'s purpose is to oversee alternative sentencing, thereby ensuring the rehabilitation of individuals subject to such sanctions. For the successful realization of this goal—namely, the assistance in reintegration and resocialization of law offenders into the community through contemporary methods and tools of alternative punishments—the staff of the Probation Service must be qualified. This entails that the selected personnel not only possess the requisite professional training to handle supervised individuals but also continuously undergo various processes and techniques for motivation, professional development, and performance evaluation. Consequently, and due to the scant scientific research in this field in Albania and beyond, our aim is to highlight the most crucial element of such an institution—the personnel, specifically, the so-called probation service specialists (PSS).We have examined whether the management of PSS in Albania adheres to international standards, or the so-called Tokyo Rules, concerning personnel, starting from the selection process, motivation, performance evaluation, and professional development. To achieve this objective, firstly, it was determined whether the Albanian legal framework on the organization and functioning of the Probation Service specifies these international standards, or the Tokyo Rules, regarding personnel. Secondly, it was verified whether these international standards on personnel are applied in the management practices of PSS in Albania. Thirdly, it was ascertained that managing PSS according to international standards guarantees the effective execution of alternative sentences. In this manner, we have demonstrated the role and impact that well-managed personnel have on achieving the purpose and mission of the Probation Service, namely, the rehabilitation and reintegration of the supervised individual.This study, from the perspective of the Tokyo Rules, has first revealed that the legal framework in Albania for managing the personnel of the Probation Service adheres to international standards, or the so-called Tokyo Rules; secondly, that the management in practice of PSS does not occur according to this legal framework and international standards. Furthermore, it has been shown that the management in practice of PSS not according to international standards has not ensured the effective execution of alternative sentences. Thus, we have identified the direct impact that well-managed personnel have on realizing the goal and mission of the Probation Service, i.e., the supervision of alternative sentences and the rehabilitation/reintegration of the supervised person.

Realizing Restorative Justice Through Rehabilitation For Narcotics Abuse As An Implementation Of The Principle Of Dominus Litis

Rehabilitation is one form of restorative justice in Indonesia's criminal justice system. The rehabilitation practice also able to reach drug abusers. The condition of correctional institutions that are overcapacity is the reason for the importance of alternative punishment for narcotics cases. On the other hand, narcotics is the category of victimless crimes, so the victims and perpetrators must be protected to reduce other impacts. This research uses the juridical-normative method by studying legislation and principles of criminal law. The results represent that the prosecutor's office has an important role in realising restorative justice in drug cases based on the dominus litis principle. The use of rehabilitation is limited to drug abusers who commit criminal acts against themselves. It is still necessary to reorient the policy of terminating cases of narcotics abuse by the prosecutor's office so that the implementation of rehabilitation is truly compatible with the principle of victim protection in punishment.

Kebijakan Pemberian Vonis Mati Atau Pidana Mati Yang Ada di dalam Kitab Undang Undang Hukum Pidana Ditinjau Dari Formulasi Perspektif Pembaharuan Undang-Undang No 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

Capital punishment is a compelling and expansive type of discipline, and the discussion about the upsides and downsides of the death penalty go on today. The question of whether the death penalty should be retained in the Criminal Code or abolished in the justice system is inseparable from Indonesia's reform of criminal law, particularly through the creation of the Criminal Code. Despite the fact that its nature differs from that outlined in the Criminal Code, Indonesia will continue to use the death penalty, as evidenced by the Criminal Code Bill, which contains the death penalty. The purpose of this research is to identify the current legal formulation of death penalty policies in Indonesian criminal law and to examine the desired future legal formulation of death penalty policies in Indonesia. This study utilizes a subjective technique with a legitimate and administrative methodology as well as unmistakable scientific exploration details. According to the findings of this study, the death penalty is still regulated by Indonesian law as the primary form of punishment, resulting in disagreements between pro- and anti-death penalty groups. In the new version of Indonesian criminal law, change in death penalty policy, originally a principal punishment to become an alternative punishment . In the future, the death penalty will be a tangible expression of human rights that is in line with national and international perspectives.

ЗАСТОСУВАННЯ АЛЬТЕРНАТИВНИХ ПОЗБАВЛЕННЮ ВОЛІ ПОКАРАНЬ (У РІЗНИХ КРАЇНАХ СВІТУ)

The article examines the legal systems of European countries in terms of alternative punishments to deprivation of liberty. Legal systems of serving sentences mainly consist of criminal, criminal executive and penitentiary codes. It is they who determine the very system of punishments of the country, the procedure for serving punishments and the possibility of an alternative when choosing a punishment. Alternative punishments should be considered to be those that can replace imprisonment or restriction of liberty. An alternative such as probation is associated with restriction of freedom in Ukraine. Among the alternatives in other countries, fines are the most common. Fines are imposed for crimes for which damages can be compensated in monetary terms. But not all such consequences of criminal offenses can be changed to monetary compensation: this should be provided for in the criminal code. In addition, a widespread punishment abroad is the establishment of supervision in the form of probation. Such type of punishment as installation of electronic surveillance is widespread. The punishment consists in installing a means of electronic monitoring on the suspect’s body for a period of up to one year. Other types of punishments include: probation, other types of supervision, conditional sentence, conditional release from serving the sentence, treatment for alcohol or drug addiction, treatment of mental disorder. One of the similar Ukrainian punishments is community service, which is actively used as an alternative to imprisonment in Estonia and France. The author also points out the current problems associated with the implementation of the European alternative experience. Among them are martial law, the economic crisis, the workload of law enforcement officers, the presence of Soviet elements in certain types of punishments. Key words: alternative punishment, electronic control, electronic surveillance, supervision, deprivation of liberty, probation, fine.

KAJIAN TERHADAP HUBUNGAN ANTARA PIDANA MATI DENGAN HAK ASASI MANUSIA

This study aims to find out the study of the relationship between capital punishment and human rights. The type of research used is a systematic literature review, namely the study of related journals, articles, laws, and books. The results of this study indicate that the death penalty in Indonesia still experiences several mistakes that lead to violations of human rights, so capital punishment is needed as an alternative punishment.

Alternative Punishment in Criminal Legal System in Indonesia

This research aims to find alternative punishment implementation strategies in the integrated justice system. The weak deterrent effect and latent problems have made the Indonesian criminal justice system ineffective. The author uses normative juridical research with a statutory law approach and also a comparative study with the Dutch criminal law system. Distributive justice becoming restorative justice has the potential to provide a sense of justice and legal certainty and support an effective justice system because, in addition to being able to reduce the level of inmates, it can also save the state budget in providing prison facilities and increase community acceptance of ex-convicts to return to being independent human beings.