Categories Of Prisoners Research Articles

Каторжники в местах заключения Вологодской области (1943–1954 годы)

This article studies the penitentiary treatment during the war and post-war years in the Vologda Region penal institutions of a specific category of convicts, namely, those sentenced to hard labour (katorga) for aiding the fascists by the Decree of the Presidium of the Supreme Soviet of the USSR No. 39 of April 19, 1943. Based on the analysis of archival documents and published sources, the following are considered: prisoner transport, placement of disabled and diseased convicts of this category in the region’s prisons, their material and living conditions as well as medical care during the sentence period. Moreover, attention is paid to the specifics of intelligence and operational work among the prisoners and additional regime restrictions applied to them. It is concluded that, since these people presented a particular threat to the state, irrespective of their physical condition they were kept in close confinement and deprived of a number of privileges given to the less dangerous categories of prisoners. The legal status of convicts during their sentence was determined by departmental normative legal acts; how well their requirements were met by the region’s penal institutions was continuously monitored by the local and central authorities of the NKVD–MVD of the USSR. In 1950, the convicts were relocated from Vologda Prison No. 1 due to its repurposing. The special penitentiary treatment of those sentenced to hard labour in Camp Department No. 6 in Novozero village, Belozersk district, was abolished in 1954 due to the revision of the punitive policy after Joseph Stalin’s death.

Features of the formation of the progressive prison system in England

The article examines the peculiarities of the development of a progressive prison system in England. It is noted that the prerequisites for the implementation of this system were: an increase in the number of convicts, and therefore, prisoners; lack of prisons; decentralization and inefficiency of the prison system at that time; demoralizing consequences of execution of punishments. In 1838, the main regulations for reforming the penitentiary system of England were submitted to the government. The result of the proposed reform was the formation of a progressive prison system. The beginnings of the English progressive system of execution of punishments can be found in the activities of Captain D. McConochie, who in 1840 first applied its regulations to convict labourers on Norfolk Island near Australia, where the most dangerous criminals were sent. In England itself, this system was first introduced in 1842 in Pentonville Prison. The English progressive penitentiary system provided for several stages of imprisonment: solitary confinement, which took place in special solitary cells; collective imprisonment with joint labor during the day and separation at night; parole. The system had the following characteristic features: gradualness in the severity of the punishment, which depended on the arrestee himself; individualization of execution of sentences, based on a personal daily analysis of prisoners’ attitude to the regime and work; involvement of prisoners in the provision of prison activities; comprehensibility and accessibility for each detainee; significant educational influence on prisoners, most of whom were interested in softening prison conditions; parole as the highest reward for good behavior and conscientious work. The system had significant successes and attracted the attention of specialists and the public by reducing recidivism and a diverse set of educational measures. It also found its embodiment in the modern penitentiary system of England, in which the execution of prison sentences is organized according to a progressive system, which provides for solitary confinement with subsequent transfer to a general cell, where the regime of detention has three degrees. One of the main elements of organising and executing punishments related to deprivation of liberty is the classification and division of prisoners into four categories. According to these categories, there are four regimes of detention of prisoners.

Problematika izvršenja kazni zatvora za krivična dela organizovanog kriminala

The paper points out the specifics in connection with serving prison sentences in the Special Department of the Correctional Penal Institution in Požarevac intended for serving prison sentences for criminal offenses of organized crime, considering that prisoners there serve their sentences in a special regime, involving isolation from the general prison population, as well as special treatment. This is primarily due to the fact that the position of persons serving a sentence in a special regime is less favorable compared to those who are not in such a regime, because the rights of prisoners in the Special Department are not the same as the rights of other prisoners. Certain basic rights of those serving a sentence in the Special Department are denied or unjustifiably limited and certain provisions of the law are not in line with the system of execution of criminal sanctions embodied in the Law on the Execution of Criminal Sanctions adopted in 2014. Special attention is paid to the need to create an essentially effective practice in dealing with this category of prisoners in terms of treatment (work therapy), which is an obligation of the state and which must also be made possible for those who are serving their sentence in the Special Department, considering that this is the only way to achieve the purpose of serving a prison sentence.

The problem of expanding the rights of those sentenced to life imprisonment

As of 2023, the issue of life imprisonment is the least regulated in Ukrainian criminal-executive law. Moreover, life imprisonment is the most controversial form of punishment, prompting research into its specific aspects. The purpose of the study is to explore problematic issues related to the rights of those sentenced to life imprisonment for short-term release from the institution serving the sentence. Various methods, including systemic-structural, analytical, comparative, and terminological, were used to achieve this purpose. An analysis of the legal status of those sentenced to life imprisonment in Ukraine concluded that these subjects of criminal-executive legal relations do not have the right to leave the prison, particularly in the presence of exceptional personal circumstances. It was also established that, according to current criminal-executive legislation in Ukraine, only specific categories of prisoners serving a sentence of imprisonment possess such a right, reflecting the essence of the punishment's purpose. The study demonstrates that it is through the regime of legal restrictions that the state has the opportunity to fulfil criminal-executive tasks, including preventing criminal offences by both convicts and other individuals. The legally established status of those sentenced to life imprisonment, especially in terms of legal restrictions, aims to deter not only recidivists but also individuals who may contemplate or prepare to commit such serious criminal offences. If, in 2002, the number of those sentenced to life imprisonment in Ukraine exceeded 100 individuals, by 2022, it had decreased to 23. It is emphasised that expanding the rights of individuals serving a life sentence may lead to social tension and pose a threat to the national security of Ukraine. The results of the study can be used in further regulatory adjustments regarding problematic aspects of life imprisonment

The role of the infrastructure and the legal framework in reducing the effects produced by the criminal subculture of persons deprived of liberty

The criminal subculture of people sentenced to prison produces negative effects in the prison environment, including segregation and social stratification of convicts, physical and mental abuse of certain categories of prisoners, resistance to the positive effects of resocialization actions, etc. Both theory and practice have already demonstrated that the destruction of subcultures cannot be achieved without attracting other more serious consequences, such as the formation of another subculture, but much more dangerous then the first. Under these conditions, a much more realistic objective is to weaken the effects of the subculture in the prison environment. In achieving this objective, the role of the infrastructure and the legal framework is extremely important. Moreover, in the case of the legal framework, we expressly state that it is useless without an implementation framework. In this article, we are going to explain the formation of the criminal subculture in penitentiary institutions including through infrastructural factors, and to argue that the laws for the execution of criminal sentences without a framework for their implementation have no purpose and

Prawa więźnia w Stanach Zjednoczonych w świetle klauzuli konstytucyjnej due process of law

It is in the broad sphere of human rights that the author wants to posit prisoner’s rights. In order to make progress in this respects it is necessary to overcome complexes and prejudices that exist in the society, then — to furnish the prisoners with legal instruments and ensure their efficient operation by, first of all, fully accessible, broad, judicial supervision.In the United States the common law system prevails, and accordingly, for the last ten years prisoner’s complaints arising in connection with the lack of observance of the clause — due process of law — have become the grounds for rulings of state and federal courts, the Supreme Court included.The clause has been embodied into the amendments V and XIV to the constitution, and reads: “No person shall be deprived of life, liberty or property, without due process of law.” It relates to almost all domains of law, and is a powerful instrument of the protection of human rights. Therefore, in the discussed sphere — due to conflicting interests, trends and opinions — the clause makes the society aware of the wrongs done to individuals, misused authority, the mistakes of the penal system itself.The author has devided the material under analysis into three parts: the first one embraces the classification of prisoners and covers the problem of their transfer to other penal establishments, the second — deals with disciplinary procedures, the third one — dwells upon the problems arising in connection with parole. In the final part of the article the author presents a great variety of facts in prisoner’s life where the clause can lie, moreover, he stresses that prisoners bring actions to court on the grouds of other constitutional clauses.Although the analysed material does not provide a general outlook into the legal situation of prisoner in the United States, it satisfactorily characterizes the progress that is labourously being made in the sphere. Moreover, it reflects a universal truth that even ideally formulated provisions of law, slogans and declarations can remain of no significance for persons concerned, whereas under certain circumstances, even enigmatically worded, archaic formula can contribute to effective progress.

Ryan S. Schellenberg. Abject Joy: Paul, Prison, and the Art of Making Do

Ryan S. Schellenberg. <i>Abject Joy: Paul, Prison, and the Art of Making Do</i>

Implementasi Penerimaan Tahanan Pada Masa Transisi ‎ Menuju Endemi Di Lapas Perempuan Kelas II A Kerobokan

This study discussed the implementation of prison admission during the transitional period towards endemic at Class II A Kerobokan Women's Prison. The situation in different elements of the world community's life, particularly in Indonesia, is gradually improving because the country has entered a transitional stage into endemic status. This condition is one of the factors considered by the government when enacting new policies, such as the Adjustment of Correctional Services by the Ministry of Law and Human Rights of the Republic of Indonesia. The purpose of this study was to examine how prison admission was implemented at Class II A Kerobokan Women's Prison during the transitioning period to endemic. The empirical legal research method was adopted, with a direct approach to the field. In this study, the authors found out that the implementation of prison admission during the transition to endemic period still referred to the Decree of the Director General of Corrections Ministry of Law and Human Rights of the Republic of Indonesia Number: PAS-170.PK.01.01.02 of 2015 concerning Standards for Registration and Classification of Prisoners and Detainees. The prison admission remained in accordance with the Standard Operating Procedures (SOP) contained in the regulation. However, there are several adjustments due to the transition period which has been listed in the Decree of the Director General of Corrections of the Ministry of Law and Human Rights of the Republic of Indonesia Number PAS-04.OT.02.02 of 2023 concerning Adjustments to the Implementation of Correctional Services During the Transitional Period Towards Endemic. Several additional provisions that apply include admission carried out in stages considering the occupancy capacity equipped with rapid or swab letters with non-reactive results, carrying out health screening according to procedures, and continuing to carry out intensive coordination with Law Enforcement Officials, the local Covid-19 Task Force, and stakeholders.

Is the access to healthcare services satisfactory among women prisoners? A survey from Lahore, Pakistan

&lt;p&gt;&lt;strong&gt;Background and Objective: &lt;/strong&gt;All human beings are vulnerable when deprived of their liberty, but the experience of imprisonment has a significant impact on the social, economic, spiritual, intellectual, psychological, and physical health and well-being of different categories of prisoners, particularly children, women, and older people. This study has been conducted to determine the health problems of female prisoners and their level of access to healthcare services.&lt;br /&gt;&lt;strong&gt;Methods:&lt;/strong&gt; TThis was a descriptive cross-sectional study. A sample of 108 female prisoners was included by convenience sampling from Kot&lt;br /&gt;Lakh Pat Jail, Lahore. Healthcare access and women&amp;rsquo;s health problems were assessed by a self-structured questionnaire. Data were coded&lt;br /&gt;and analyzed by using Statistical Package for the Social Sciences version 20.0.&amp;nbsp;&lt;br /&gt;&lt;strong&gt;Results: &lt;/strong&gt;Out of 108 females, 78.7% were not satisfied with the health facilities. About 11.1% of the prisoners were suffering from hepatitis C and 1 prisoner was diagnosed with human immunodeficiency virus. Preplacement and periodical health examinations were not conducted as a routine, while stigmatization by healthcare providers was another major issue that female inmates faced during imprisonment.&lt;br /&gt;&lt;strong&gt;Conclusion: &lt;/strong&gt;Female inmates were not satisfied with the overall quality of healthcare provided to them. Poor healthcare access combined with communicable diseases adversely affects their physical and psychological well-being, leading to compromised reformation, rehabilitation, and integration back into society.&lt;/p&gt;

The Role of Prisons in the Re-Education and Resocialization of Prisoners

During the serving of a prison sentence, the way of life and organization of daily activities of prisoners are strictly defined by laws and bylaws, all with the aim of achieving the purpose of executing criminal sanctions.This primarily implies the implementation of final, executive court decisions and the separation of perpetrators of crimes and misdemeanors from the social environment in order to re-educate, treat and train them to live in freedom in accordance with socially acceptable norms. Institutions for the execution of criminal sanctions are those that, through various forms of work and procedures, conduct institutional re-education and the process of re-socialization of prisoners. But in addition to the formal legal system that the state prescribes in order to regulate the position of prisoners, re-education is also influenced by the informal system. Prisoners build an informal system through their behavior in mutual relations conditioned by deprivation of freedom of movement and stay in a limited space. The paper will deal with normative elements of organization and functioning of penitentiary institutions, factors influencing the success of resocialization, specifics of re-education, position of prisoners in prisons, as well as the impact of classification of prisoners on the success of re-socialization and re-education despite the lack of post-penal treatment.

ОСОБЛИВОСТІ ТРИМАННЯ ПІД ВАРТОЮ ОСІБ ЗА КРИМІНАЛЬНІ ПРАВОПОРУШЕННЯ, ВЧИНЕННІ З МОТИВІВ РАСОВОЇ, НАЦІОНАЛЬНОЇ ЧИ РЕЛІГІЙНОЇ НЕТЕРПИМОСТІ

The author considers the features of criminal offenses in the article, which are related to extremism based on a comprehensive analysis based on previous studies of national scientists in which there is no consensus on the signs of intolerance draws conclusions and characterizes such acts, identifies their individual characteristics. Particular attention is paid to the detention conditions while realization of the preventive measures in the form of detention of such categories of persons accused of committing crimes on the grounds of racial, national or religious intolerance, which is important in the field of human rights, in isolation, overcoming discrimination against all its manifestations and ensuring personal safety. The author emphasizes that the pre-trial detention centers of the State Criminal and Executive Service of Ukraine are an institution for the implementation of a preventive measure in the form of detention, so considerable attention should be paid to the reception and placement of this category of prisoners. The article offers proposals for improving national legislation to allocate this category of persons to a separate group. It is concluded that attention is not paid enough to the personal safety of the personnel of penitentiary institutions. A number of specific issues have been clarified, namely the recommendations of the personnel of penitentiary institutions in which such persons are detained. Personnel should be careful and vigilant in dealing with them, aware of their life directions, fanaticism, radical views of those under fire for committing criminal offenses based on racial, national or religious intolerance. Key words: pre-trial detention, detention on grounds of racial, national or religious intolerance, hatred, hostility, categories of persons, penitentiary institution, detention center, penitentiary system.

"It is impossible not only to provide for all the needs of places of detention caused by overcrowding, but also to feed prisoners": interdepartmental financial disputes on the eve of the birth of the Soviet camp system (1928-1929).

The subject of the study is the financial and economic prerequisites of the hardware confrontation on the strategy and priorities of the development of the Soviet correctional labor system, observed at the turn of the 1920s-1930s. Archival documents of that era are analyzed, indicating that the NKVD of the RSFSR and its subordinate Main Directorate of places of detention in the specified period experienced an acute shortage of funds for the maintenance of constantly an increasing contingent of prisoners. The leadership of the People's Commissariat (V. N. Tolmachev) and GUMZ (E. G. Shirvindt) made significant hardware efforts to eliminate the shortage of monetary resources and, with the support of the SNK of the RSFSR, sometimes even acted bypassing the People's Commissariat of Finance of the RSFSR for these purposes. Therefore, including for this reason, it categorically refused to participate in the financing of measures to create new correctional labor camps under the auspices of the OGPU. At the same time, representatives of the NKVD opposed the very idea of expanding the camp system and transferring other categories of prisoners to the OGPU in addition to those convicted of counterrevolutionary crimes. The article also cites other archival documents, which, together with the rest of the sources analyzed in it, cast doubt on the well-established opinion that the head of the NKVD V. N. Tolmachev was one of the initiators of the project of transition to a mass system of camp organization of forced labor of prisoners in the USSR.

Массовые неповиновения заключенных в исправительно-трудовых лагерях послевоенного СССР

This paper studies mass disobedience among the prisoners of Soviet corrective labour camps (CLCs) during the post-war years (1945–1956) in the context of Soviet corrective labour policy of that time. Noteworthy, there have been conflicting assessments of this aspect of the history of the aforementioned institutions. This research is based on the systematic approach as well as on the principles of historicism and objectivity. The main trends of Soviet corrective labour policy in the wake of the Great Patriotic War are identified; the contradictory nature of this policy is pointed out. On the one hand, documents were adopted to strengthen the rule of law in CLCs, including ensuring the rights of prisoners (e.g., the 1947 Instruction on Regimes in Corrective Labour Camps and Colonies), while on the other hand, the conditions in these camps for certain categories of prisoners were getting more strict (e.g., special camps were established by the Resolution of the Council of Ministers of the USSR in 1948). Further, the authors focus on revealing the main reasons behind mass disobedience of prisoners in the camps. In particular, during the post-war years more people were sent to CLCs convicted of aiding the Nazis in the temporarily occupied territories of the USSR, treason, espionage, sabotage, nationalist banditry, etc. According to the authors, in the overwhelming majority of cases it was these prisoners who organized large-scale mass disturbances, including protests. Disobedience on the part of prisoners was facilitated by the discrepancy between the imposed requirements and the actual conditions in the CLCs, as well as by the rudeness of the camp administration and some prisoners being strong ideological opponents of Soviet rule, etc. The fact that a significant number of prisoners were exempt from Beria’s amnesty (March 1953) acted as yet another catalyst. The authors come to the conclusion that, in spite of the large scale of prisoner disobedience in certain camps, it was generally not characteristic of the corrective labour system of the period under study.

Imprisonment and Citizenship in Senegal, 1917–1946: The Case of the Originaires

This paper examines the incarceration of the Originaires in colonial Senegal to illuminate how imprisonment had shaped or altered their French citizenship rights in prisons. Among the prison population in colonial Senegal were some Originaires, the residents of the Four Communes who were granted French citizenship rights as early as 1833, a status that remained ambiguous until 1916 when a new law made them full-pledged French citizens. But the colonial government restrictions on access to full French citizenship rights in the Four Communes compelled the Originaires to mobilize to defend those rights. Their struggle found a breeding ground in the colonial prisons where some Originaire prisoners made two types of claims: to equality with European prisoners based on notions of birthright citizenship and cultural claims to being a different category of prisoners that deserved differential treatment compared to “natives.” By building their requests for equal admission to the European regime around the violation of their citizenship rights, this study will demonstrate that Originaire prisoners made arguments that tied their claims-making specifically to race and status without losing sight of the cultural differences between themselves and “native” prisoners, all in the context of a racially segregated prison world.

Uloga logora u gušenju ustanka u Srbiji 1941. godine

The internment of tens of thousands of people in the newly created network of permanent and temporary camps was an important integral part of actions of the occupation forces in Serbia during the suppression of mass insurgent movement in the summer and autumn of 1941. The main purpose of these camps was to be a reservoir of people to be shot for the German losses in the battles with the insurgents in the proportion of 100 for one killed, or 50 for a wounded German soldier or Volksdeutsche. The network of permanent camps consisted of camps at Banjica in Belgrade, Šabac and Niš. For the territory of Banat, a camp was formed in Veliki Bečkerek (today Zrenjanin), ending the formation of a network of permanent camps. They also served as a place of internment of hostages, real or potential opponents of the occupation, but also some other categories of men and women. Starting from April 1942, permanent camps in Serbia were given the function of a source for forced labor in concentration and labor camps in Germany or in occupied countries, including Serbia itself. The main role was played by the camp at the Belgrade Fair and the camp at Banjica, where detainees from other camps were sent for forced labor. This was also the result of a change in policy towards captured insurgents and their sympathizers, which was a reflection of the growing need of the German war economy for labor. In May 1942, the role of the central German camp in Serbia was taken over by the camp at the Belgrade Fair, now under the name Anhaltelager Semlin (Prihvatni logor Zemun). Temporary camps served almost exclusively for the internment of captured members of the insurgent movement, their sympathizers, civilian population and as a source of people for mass shootings. Among temporary camps, the most important were the Transit Camp in the barracks on Senjak, in Šabac and the Jewish Transit Camp Topovske Šupe (Cannon Sheds) in Belgrade. The second camp served exclusively as a source of Jews and Roma for mass shootings and was the main and largest reservoir of these categories of prisoners. The camp ceased to exist at the time of the formation of the Jewish Camp Zemun, which, after the killing of the Jewish prisoners, became the central German camp in occupied Serbia.

Carceral Strategy and the Social Structure in Maoist China

This Article explores the connection between the carceral strategy utilized by the Chinese government and the social structure in the Mao era.&nbsp; From Mao’s view, thought reform and profit-seeking were the two primary goals of the Chinese socialist prison.&nbsp; Yet, by placing the system of labor camps and post-release management into a broader context, this Article demonstrates that the system was designed to make inmates depend on the socialist settings through the measures of party-state apparatus, prisoner cards and dossiers, classification of prisoners, hard labor, and thought remolding.&nbsp; Those measures had their counterparts in the general social structure in communist China, like work unit, household registration and political dossier.&nbsp; In addition, the unique feature of punishment-profit nexus made the system of labor camps and post-release management crucial for the purposes of economic development and political control in Mao’s time. &nbsp;In conclusion, the system of labor camps and post-release management was an integral part of the greater social control mechanism in Chinese society during Mao’s time. &nbsp;It was designed and operated in a way to reform an ill population into qualified workers so as to fit socialist requirements and maintain social stability.

Skazany na karę pozbawienia wolności – studium prawnokryminologiczne

The purpose of this article is to present the legal and criminological aspects of a person sentenced to imprisonment, by explaining and defining the concept of “convicted person”, as well as introducing the essence of executing a prison sentence. The article has also raised the issue of classification of prisoners and the issue of the division of prisons on the types and kinds, which is essential for the effective implementation of imprisonment to the convicts. In addition, selected aspects related to the impact of imprisonment in prison on the life of the convict in psychological, socio-criminological terms were also discussed. The discussion of all the threads cited above reflects the main premise of this article.

Self-Concept and Time Perspective of Convicts

Objective: The purpose of the article is to connect the time perspective of the convicts with their self-concept.&#x0D; Background: After an extended stay in places of deprivation of liberty, it is difficult for convicts to adapt to the conditions of life in freedom, to restore the social ties that were lost and weakened due to isolation. And therefore, they often fall into the marginal part of the population, cannot find their place in life, and often replenish the number of unemployed or, even worse, re-enter the criminal path and commit crimes.&#x0D; Method: The following psychological methods were used: the technique of “Who am I?”, which allowed studying the cognitive component of the self-concept; the methodology of personal differential that provides an opportunity to study the emotional component of the self-concept; the self-attitude test questionnaire and the method of F. Zimbardo allowed to determine the main features of the time perspective.&#x0D; Results: The article reflects the study of convicts based on which a typology of “self-concept” of convicts was proposed. Besides, the results of a study of the temporal perspective of convicts depending on the type of self-concept are presented.&#x0D; Conclusion: The authors are inclined to believe that a detailed study of this problem will identify and provide effective ways to stimulate the constructive resocialization of various categories of prisoners.

Characteristics of problems that arise in convicted persons with disabilities in the process of their adaptation to the conditions of deprivation of liberty

The purpose of the article is to present the results of a pilot study of the problems of disabled convicts that arise during their period of adaptation to prison conditions. The author seeks to explain in the article what impedes the effective adaptation to prison conditions of such a specific category of prisoners as the disabled; what difficulties they face, what their attitude to the environment and to other people is, what their wishes and motives are. What was used as a research methodology was a questionnaire which had been developed by the author. The results of the research allowed us to analyse the difficulties that the convicts of this category face at the initial stage of serving their sentence in the correctional facility and to compare the data obtained with the results of theoretical research. The content of the article allows solving two main tasks – theoretical one, to formulate criteria of adaptation of disabled convicts to conditions of imprisonment; practical one, to outline ways to improve pedagogic support of the process of their adaptation.

Pandemija kovid-19 i penitencijarni sistem - prva iskustva

The C-19 pandemic, as a 'mirror of truth', showed the true face of modern societies, characterized by a general race for profit, lack of empathy, discrimination against numerous social groups, and even manifestations of racism. In the first months, before the vaccines (never faster created) were put on the market, the public authorities of most countries opted for strict measures that included locking and fundamental changes in the lifestyle of the entire population. Considering that the functioning of many institutions has been disrupted, the penitentiary system has been facing new challenges as well. Overcrowded institutions with a large number of persons in a health risk, with poor hygienic conditions and insufficient number of employees in health services were already a suitable environment for the spread of infectious diseases. These conditions have been neglected for decades. Now that a dangerous, easily transmitted disease has become a danger not only to prisoners, but also to prison staff, their families, and public health in general. It has become clear that something urgent needs to be done. Maintaining physical distance was usually not possible due to overcrowding, and palliative measures of organizational (expansion of the semi-freedom system) and architectural character (rearrangement of the institution's space) did not yield results. After a lot of controversy and resistance, most countries decided to opt for decarceration - the early release of a large number of members of endangered categories of prisoners, including perpetrators of minor, non-violent crimes. However, it turned out that - without real preparation before release and without proper acceptance by probation services (especially in the case of socially vulnerable categories of persons, homeless and immigrants) - this measure did reduce the infection rate in penitentiaries, but further jeopardized public health. The pandemic has therefore showed that the penal system must undergo a fundamental transformation in which incarceration will be exceptional, an extreme measure to be replaced by a number of alternatives. Perhaps the citizens, after many traumatic experiences with several weeks of lockdown during which they were in fact deprived of their freedom of movement, will support more this change instead of the habit of succumbing to new waves of penal populism and retributivism.