Deprivation Of Liberty Research Articles

Arrest practice and habeas corpus principle

The legal history of habeas corpus goes back to the period of the 'Golden Bull' issued by King Andrew II of Hungary. In the development of English law, the Magna Carta Libertatum marked the emergence of the principle before that. The essence of the principle is that deprivation of liberty may be pronounced by a person vested with judicial power and that the person concerned must be brought before a judge in order to be heard by the accused before an arrest can be ordered. The judicial order for arrest is also provided for in the Fundamental Law of Hungary. The principle raises a number of questions of law enforcement in domestic court practice, but also in the context of EU cooperation.

Unjust Deprivation of Liberty During the Criminal Process: The Romanian National Standard Compared to the European Standard for the Protection of Individual Freedom in Judicial Proceedings

The provisions of international documents that guarantee the fundamental right to freedom and security are transposed into Romanian legislation both in the Constitution and in the Code of Criminal Procedure. In this context, the present study aims to analyze the national standard of protection of individual freedom in judicial proceedings compared to the standard established by the Convention for the Protection of Human Rights and Fundamental Freedoms. Through documentation, interpretation, and scientific analysis as the main research methods, this paper emphasizes the possibility of establishing, through domestic legislation, a level of protection higher than that imposed by the conventional standard. From this perspective, by regulating a right to repair the damage suffered in the situation of unjust deprivation of liberty as a result of ordering a preventive measure, the national standard of protection established by the Romanian Code of Criminal Procedure is higher than the European standard. This study concludes with a proposal to expand the current procedural framework configured by the provisions of the Romanian Code of Criminal Procedure (with the amendments made in 2023) regarding the special procedure for repairing the damage suffered as a result of the illegal or unjust deprivation of liberty during the criminal process.

Legal Review of the Implementation of Restorative Justice in Criminal Acts of Assault and Banging in the South Jakarta Police Area

A criminal act is an act of a person of his own will or of another person carried out by him and the behavior is an act that is prohibited and at the same time gives rise to a criminal responsibility by the perpetrator of the act and the act itself. Every act of criminal abuse and assault results in physical, psychological, sexual and/or neglectful misery or suffering, including threats to commit acts. coercion or deprivation of liberty in an unlawful manner is a criminal act of abuse and assault. A person who commits a crime of allowing, committing, ordering to do, participating in committing violence against criminal acts of abuse and assault must still be responsible because a person cannot be held responsible and sentenced to a criminal offense if he does not commit a criminal act. To be further examined how the regulation of criminal acts of abuse and assault allows, orders to do or participates in committing violence, then based on Indonesian criminal law and how the criminal responsibility of children who commit the crime of allowing, ordering to do or participating in committing violence against criminal acts of abuse and assault. The research method used in this study is the normative legal research method, from the results of the study it was found that the regulation of criminal acts of children who allow, order or participate in committing violence, criminal acts of abuse and mob violence in Article 76C in conjunction with Article 80 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and criminal responsibility of children who commit criminal acts of allowing, ordering or participating in committing violence against children to death by serving a maximum of half of the maximum prison sentence for adults as regulated in Paul 81 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Clarifying the meaning of acts of violence in the KUI IP. Legislation, Government Regulations, Permenkumham and the Government must form legislation, government regulations, Permenkumham that are even stricter in providing sanctions for perpetrators of criminal acts of abuse and mob violence

Unpacking the Implications of Remand Time Constituting Punishment

For state conduct to constitute “punishment,” it must be a “consequence of conviction” that either furthers the “purpose and principles of sentencing” or qualifies as a “significant deprivation” of an individual’s liberty or security interests. The common practice of deeming time served in remand punishment is inconsistent with this definition. This follows because the consequence is incurred for reasons relating to bail, not conviction. The definition of punishment should therefore be broadened to include any consequence of being charged with an offence. Insisting that sanctions be imposed (or deemed imposed) in furtherance of the purpose and principles of punishment would ensure that this modification of the definition of punishment will not lead to unprincipled results. Bringing remand time within the constitutional definition of punishment would also lend the practice to a more determinate method for assessing the appropriate remedy for offenders who endure undue time on remand. If the time served constitutes grossly disproportionate punishment, I contend that a stay of proceedings ought to follow. In cases where the impugned deprivation of liberty occurred before a guilty verdict, however, a similar analysis can occur under the “treatment” prong of section 12 of the Canadian Charter of Rights and Freedoms. Time served on remand that is not grossly disproportionate might nevertheless still be incurred due to a breach of the accused’s right to reasonable bail. In these circumstances, I maintain that a monetary remedy will be appropriate absent evidence of serious systemic failures in providing reasonable access to bail.

Qualification features of illegal deprivation of liberty or abduction of a person by a representative of authorities under martial law conditions

Qualification features of illegal deprivation of liberty or abduction of a person by a representative of authorities under martial law conditions

Status of implementation of the right to health care and medical assistance in accordance with European standards by persons serving punishments in the form of deprivation of liberty in Ukraine

Status of implementation of the right to health care and medical assistance in accordance with European standards by persons serving punishments in the form of deprivation of liberty in Ukraine

GENERAL OPERATIONAL MEASURES AND ACTIONS-TACTICAL PREVENTIVE-REPRESENTATIVE CHARACTER

Criminal verification is a measure and a general operative-tactical action, the purpose of which is to prove the accuracy (reasonableness) of the collected (understood) effects (indices, grounds of suspicion), which point to a certain criminal offense, the perpetrator its or other important circumstances for the illumination of the criminal offense or certain criminal activity. Indices or data, the validity of which must be proven through verification, discarded or partially completed, may be of different degrees of probability, more or less real and logical, obtained or collected from different sources. All these facts must be verified in such a way that, on the basis of the records and the correctly proven facts, the work can be continued in the illumination of the specific criminal offense and the discovery of its perpetrator. For this reason, verifications and analyzes are the basis of numerous tactical-operative measures and actions, both general and investigative, such as: raids, ambushes, deprivation of liberty, control, etc.

Observance of the labour rights of persons who have been deprived of their personal liberty as a result of armed aggression

Based on the monitoring of the Ukrainian Parliament Commissioner for Human Rights, the article reveals the state of observance of labour rights of civilian hostages. The article identifies problematic issues that obstruct the realisation of these rights of persons who have been deprived of their personal liberty as a result of armed aggression. It is noted that the Geneva Convention relative to the Protection of Civilian Persons in Time of War prohibits the taking of hostages. Failure to comply with the principles of international humanitarian law by representatives of the Russian Federation leads to the inability to ensure the protection of civilian hostages in accordance with international norms due to the unresolved nature of this issue. The Russian Federation, despite international norms, keeps such persons in captivity, does not notify them of their detention, does not provide them with the appropriate status, as a result of which the detained person cannot appeal against his or her detention, has no opportunity to report it. According to international standards, victims of enforced disappearances have the right to compensation from the state, which provides them with the maximum possible rehabilitation. It is noted that the protection of the constitutional rights of civilian hostages is provided for by the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established”. In addition, it is noted that civilian hostages have the right to keep their jobs, but the law does not provide for the payment of wages. The article establishes that it is impossible to properly exercise the labour rights of employees who have become civilian hostages guaranteed by the Constitution of Ukraine. The emphasis is placed on the legislative gaps that do not allow civilian hostages to exercise the guaranteed right to credit their insurance period. The article provides for the crediting of insurance periods to civilian hostages, which affects social guarantees and, subsequently, the level of pension provision. Due to the uncertainty of the payer of the unified social contribution, such credit is not given for persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine has been established. Deprivation of personal liberty is the basis for postponement or extension of annual leave and is also included in the length of service that gives the right to annual basic leave. Civilian hostages are additionally entitled to a one-time voucher to maintain their competitiveness in the labour market through retraining, specialisation, advanced training, and education in professions and specialities for priority economic activities. It is found that the problem of civilian hostages is closely related to the problem of missing persons. It is proved that there is a need to expand the labour rights of civilian hostages by guaranteeing the payment of wages.

GENDER, SEXUALITY AND RACE IN THE ANALYSIS OF PRISONERS' RIGHT TO INTIMATE VISITS

This article analyzes the prison sentence in Brazil, focusing on its implications for the rights of prisoners, especially the right to intimate visits. Although the sentence is intended to deprive the freedom of movement, it continues to impact other aspects of the individual's life, including their family relationships and sexuality. Brazilian law guarantees the right to visits, but does not explicitly provide for the right to intimate visits, creating a gap that undermines the full social reintegration of prisoners. Based on existing regulations, such as the Penal Execution Law and resolutions of the National Council for Criminal and Penitentiary Policy, the text discusses the importance of intimate visits for the emotional and social well-being of prisoners. Despite the advances promoted by Resolution No. 04/2011, which includes the LGBT population in intimate visits, the lack of a clear legal provision continues to generate uncertainty. The article argues that the sexual rights of prisoners should be recognized as fundamental, arguing that deprivation of liberty should not extend to sexuality. The analysis concludes that, in order to ensure the full exercise of prisoners' sexual rights, it is imperative that the State not only recognizes, but also facilitates and effectively regulates the right to intimate visits, guaranteeing dignity and respect for the individuality of those in custody.

Does prison labour rehabilitate, punish, discipline or exploit a traumatised and racialised population in Australian and American prisons?

This article describes the incarcerated population in Australia and the US as being comprised of peo-ple primarily from racialised and marginalised communities, of whom many have histories of trauma. It is argued that their pre-existing trauma is compounded by trauma arising from both deprivation of liberty in and of itself, and their treatment and conditions in prison. The article compares and draws parallels between rehabilitation as understood under the UN Convention against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment with rehabilitation as an objective of the criminal legal system, arguing for the need for the criminal legal system to refocus from reducing reoffending to pursuing healing. The article argues that contemporary prison labour in Australia and the US should be analysed in the context of historical slavery and forced labour. It considers the different objectives of prison labour, concluding that it is not feasible to effectively achieve multiple objectives (e.g. rehabilitation versus recouping State costs associated with incarceration). The signifi-cant risk that prison labour as it currently operates can amount to exploitative or degrading treatment is explored in the article, which argues that international legal protections need to be strengthened. The article also recommends that there needs to be improved transparency and research regarding the use and effectiveness of prison labour in these jurisdictions (and more broadly) in achieving rehabili-tation, particularly livelihoods in the community, after release from prison.

Los beneficios penitenciarios Vs el Principio de Celeridad. Una visión desde la realidad ecuatoriana

In Ecuador, once, as a result of a due criminal process, a person is found responsible for a criminal act, the penalty of deprivation of liberty is generally imposed, which involves the Ecuadorian penitentiary system. In this, respect for procedural speed, as a constitutional and legally conceived principle, plays a transcendental role. This is because the effectiveness of these processes and the fulfillment of the purposes of the sentence depend on it. Therefore, motivating this research, this topic is proposed as a general objective: Identify the impact caused by the legal process to grant prison benefits, which includes the certification of the commission with respect to the evaluation of people deprived of liberty to obtain benefits such as pardons, repatriations and semi-open and open regimes, granted by the Comprehensive Care Service for Adult Persons Deprived of Liberty and Adolescent Offenders (SNAI). To this end, a qualitative methodological approach is applied, with scientific methods such as historical-logical, exegetical and analytical-synthetic, managing to expose the procedural reality of the Ecuadorian penitentiary system regarding penitentiary benefits and their processing.

The Legal Nature and Penalties for Data Capital Destruction: An Analytical Study in the Jordanian Penal Legislation

This research analyzed the legal nature and penalties of data capital destruction. The descriptive analytical approach was used. Moreover, the findings revealed that the Jordanian legislator stressed the penalties imposed for crimes of data destruction. This is applicable whether in the form of deprivation of liberty or a financial penalty, and whether the crime was a misdemeanor or a felony. Furthermore, the legislator resorted to withholding the discretionary authority of the judiciary in choosing between the two penalties. The recommendations stressed that the legislator reconsider Articles 7 and 6 of the Cybercrime Law so that these articles will limit penalty to the crimes actually committed. The principle of technical referral contained in Article 26 of the Cybercrime Law should also be dispensed with.

Interpreter mediation in statutory mental health assessments: A scoping review

This interdisciplinary scoping review addresses the involvement of spoken and signed language interpreters in statutory mental health assessments. Specifically, this inquiry seeks to identify and review pre-existing literature concerning the barriers to and facilitators of effective practice in interpreter-mediated statutory mental health assessments, and the extent to which interpreter mediation supports or impedes a person’s legal rights and best interests in this context. An interdisciplinary team applied the revised Joanna Briggs Institute scoping review framework to review 44 items, including empirical and grey literature covering relevant aspects of the available body of knowledge across the fields of social work, mental health, and interpreting studies. The review concludes that there is a lack of direct evidence on interpreting practice in the context of statutory mental health assessments, which is significant considering the high-stakes scenarios that may lead to the deprivation of liberty. The findings suggest that there is insufficient evidence regarding necessary modifications to standard interpreting practices for such assessments, as well as how assessors should adapt their own practice in response to the need for interpreting. This work highlights the need for more focused research on good practices for interpreting within this context and calls for guidance to facilitate effective interprofessional collaboration between interpreters and other professionals engaged in these assessments.

Deprivation of liberty in hospital: the MHA versus DoLS dilemma

Deprivation of liberty in hospital: the MHA versus DoLS dilemma

Justicia restaurativa y delincuencia juvenil: un enfoque interdisciplinario

Crime in general is a phenomenon of wide significance and concern within the Ecuadorian territory. Proof of this is that the prison population is mostly made up of young people, which generates even more unrest. In the development of this academic work, recent research has been reviewed, as well as statistical data to evaluate the effectiveness of the scope of restorative justice in prevention and thus the reduction of recidivism rates, thus promoting the rehabilitation of young offenders. The methodology used responds to a qualitative approach, framed in legal dogmatics with a descriptive scope and a correlational design, supported by the exegetical method and bibliographic and documentary analysis. As a result, the proposal to apply restorative justice that provides viable alternatives to criminal trial is presented, aligned with the principle of minimal intervention, as one of the characteristics of Ecuadorian justice related to international standards. By specifying issues inherent to the deprivation of liberty, this work is oriented towards the de-judicialization and deinstitutionalization of sanctions, proposing a balance between the purposes, perspectives, scope and strengths through which juvenile restorative justice can face the other areas of criminal justice.

Education in the prison system as a starting point for the rehabilitation of inmates and their social reinclusion

The general objective of this article was to problematize education in the prison system as a starting point for the rehabilitation of inmates and their social reinclusion. The specific objectives were: to address the evolution of penalties, focusing on the culmination in the deprivation of liberty; analyze the problems encountered for the application of what is provided for in the Penal Execution Law (LEP); to identify the factors that lead to the desocialization of the prisoner and how this influences his return to society and the recidivism rates. Thus, the scope of working with this theme arose because it is a recurring subject within society, causing discussions in the socio-political environment, as well as in the legal sciences and generating many controversies. The theoretical panorama that is outlined here was guided by an exploratory and deductive methodological proposal, based on information related to the theme addressed. From the perspective of its nature, it is an applied research, with bibliographic technical procedures. Valuing the prisoner as a human person, even in prison, is one of the ways to recover his criminal conduct. From the moment that the convict is shown that it is still possible to dream, giving him the opportunity, when released, to be reintegrated into society, we will be contributing to the reduction of recidivism rates.

Evaluation of Sexual Transmitted Infections among Gender based Violence Cases: Retrospective Cross Sectional Study, Kigali-Rwanda

Background: STIs are infections that are passed from one person to another through sexual contact. The causes of STIs are bacteria, parasites, yeast, and viruses. There are more than 20 types of STIs, including Chlamydia, genital herpes, gonorrhea, HIV/AIDS, HPV, Syphilis and Trichomonas1 . According to WHO (2013), Amin and Garcia presented the evidence of the increased risk of STIs and HIV associated with GBV; and looks at potential pathways by which gender-based violence and STI and HIV are linked2 . GBV is defined by the UN in the CEDAW as any act that is likely to or results in physical, sexual or psychological harm or suffering to women including threats or acts of coercion, arbitrary deprivation of liberty, private or public, in the family or community2,15 . The aim of this study was to determine the prevalence of STIs among GBV cases attending Isange one stop center in Kibagabaga District Hospital.  Method: This study was retrospective conducted from January 2017 to September 2019 among GBV cases attending Isange one stop center in Kibagabaga District Hospital. Request forms describing the GBV case and indicating the demographic parameters and laboratory findings of the victim was evaluated. Data was analyzed using Microsoft Excel and SPSS version 16.0.  Result: In total 320 cases for GBV cases was reported from 2017 up to November, 2019 at Isange One Stop Center in Kibagabaga District Hospital. 100% of study population was female, majority of them 96.25% (308) were young female adolescent in the range of 10 to 19 years old. Considering laboratory findings, this study showed that Only 5% of all GBV cases within period of 3 years reported STIs negative, Majority GBV cases reported pregnancy at high level 72% and the overall Prevalence of STIs was 23% all GBV cases. 7.2% of these had HIV and 6.8% had Hepatitis B virus. The prevalence of trichomonas and Syphilis was 4% and 5% of all GBV cases respectively and this study showed no HPV and Gonorrhea cases has been reported.  Conclusion: Although the proven steps that have been taken by government of Rwanda to against GBV, but not understood as desired because GBV cases continue to increase periodical, so more Strength and focus are needed to reduce this rate GBV among young female adolescents. According to this study finding which suggested that GBV cases promote STIs and unwanted pregnancy.

ФАКТОРИ ДИНАМІКИ НАРКОЗЛОЧИННОСТІ В УСТАНОВАХ ВИКОНАННЯ ПОКАРАНЬ

A comparative analysis of the state of drug-related crime in penitentiary institutions and at the national level is carried out. The author identifies the main determinants that led to a sharp increase in the number of criminal offences committed in penitentiary institutions related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors. The author establishes that one of the main factors of the spread of drug-related crimes on the territory of the mentioned institutions is the possibility for convicts and persons taken into custody to illegally use mobile communications and the Internet to establish communication with criminal groups outside the institution engaged in the manufacture and distribution of narcotic drugs and psychotropic substances. Among the main factors of the sharp increase in the quantitative indicators of drug crimes and their prevalence in penal institutions are the concentration of a significant number of people who consume and distribute narcotic drugs and psychotropic substances, as well as the growing prevalence of synthetic narcotic drugs. The conditions that contribute to the spread of criminal offenses of this type include the detention of convicts in multi-bed dormitories, inadequate equipment of institutions with engineering and technical means of preventing the entry of prohibited substances into institutions for the execution of punishments. Based on the results of the research, the author came to the conclusion that in the last five years there has been a significant increase in the number of criminal offenses related to narcotic drugs and psychotropic substances, committed by groups of persons. This trend indicates the growing organization and scaling of this type of crime. The existence of criminal integration links and interdependence of drug crime at the national level and in institutions of execution of punishments is substantiated. Key words: convicts, deprivation of liberty, criminal offense, narcotic drugs, psychotropic substances, dynamics of drug crime, crime prevention, staff of penal institutions.

ДЕРЖАВНА ПОЛІТИКА У СФЕРІ ВИКОНАННЯ ПОКАРАНЬ В УКРАЇНІ: БЕЗПЕКОВИЙ ВИМІР

State policy in the field of execution of punishment in the security dimension is implemented by bodies and institutions of execution of punishments of the Ministry of Justice of Ukraine. It is noted that the main subject of the formation of such a policy is the Verkhovna Rada of Ukraine. Because of the fact that Ukraine is on the way to European integration, the state policy in the field of execution of punishment in the security dimension should be consistent with international policy, which plays an important role in the formation and implementation of international standards for the treatment of convicts and prisoners. It has been proven that the state policy in the field of execution of punishment in the security dimension, being in a close relationship with other elements of it, acts as a guarantor of the safety of convicts and personnel of institutions of the State Criminal and Executive Service of Ukraine and probation bodies as State institution «Probation Center». Our thorough analysis of the source base of the subject of research shows that domestic scientists do not pay enough attention to the state policy in the field of execution of punishment in the security dimension, since this policy is considered, as a rule, by scientists, in the context of criminal law policy. Our thorough analysis of the source base of the subject of research shows that domestic scientists do not pay enough attention to the state policy in the field of execution of punishment in the security dimension, since this policy is considered, as a rule, by scientists, in the context of criminal law policy. At the same time, the state policy in the field of execution of punishments in the security dimension should also affect the balance of interests of personnel and convicts during the execution/serving of punishments, which will allow to open a new vision of reforming the criminal and executive system of Ukraine and its transformation into a penitentiary system, create equal opportunities between subjects of penitentiary legal relations for the realization of a single goal: socialization, resocialization and reintegration of convicts into society after release. The opinion is substantiated that the state policy in the field of execution of punishments in the security dimension should undergo appropriate conservation, conservatism in places of imprisonment (Latin «conserve» – protect, preserve), which is one of the guarantees of its stability. In this regard, the legal meaning of the concept of state policy in the field of execution of punishments in the security dimension should be enshrined in the new Criminal Code of Ukraine, as a priority of the supremacy of the rights and legitimate interests of convicts during execution/serving of punishment. The main security dimensions of the execution of punishment in the bodies and institutions of the execution of punishments of the Ministry of Justice of Ukraine were formulated, namely: legal security of convicts and staff of places of imprisonment; manifestations of subculture among convicts; violence in places of imprisonment, both among convicts and personnel and convicts; material and household support, health care, safety of convicts’ involvement in work; features of execution of punishments not related to deprivation of liberty in the occupied territories; challenges of war, etc. New approaches to the implementation of state policy in the field of execution of punishments in the security dimension are proposed. They can be implemented by the Ministry of Justice of Ukraine after our victory over the aggressor state of the Russian Federation. Key words: policy, penitentiary system, execution, punishment, convict, personnel, academic staff, State Criminal and Executive Service of Ukraine, places of detention, security dimension, health care, legal status, rank and command staff, legitimacy, disciplinary liability, abuse of official position, correction, resocialization, material support, subculture, violence, torture.

CRIMINOPENOLOGICAL ANALYSIS OF THE LEGAL STATUS OF IMPRISONMENT OF LIBERTY: BELARUSIAN RESEARCH EXPERIENCE

The legal regulation of deprivation of liberty as a measure of criminal liability is not limited to criminal law rules on its purpose and other application. Punishment by imprisonment is associated with a whole complex of regulatory norms of criminal executive, criminal procedural and other sectoral legislation. A conclusion is made about the complex nature of the formation of the legal status of deprivation of liberty and on this basis a di erentiation is made of the elements that form it, depending on their functional purpose, in uence on the content and nature of the origin of other legal institutions and measures of criminal law. Theoretical foundations of penitentiary criminopenology are being developed, which allows us to talk about classifying deprivation of liberty as a type of punishment as a penitentiary type of criminal liability. This direction creates the prerequisites for a comprehensive solution to the problem of saving penalization, including penitentiary repression at all stages of its regulation (from the establishment of criminal law sanctions to full implementation in relation to a speci c convict). The system of penitentiary criminology is revealed as an independent direction in the doctrine of punishment by deprivation of liberty, its subject and main parameters are determined. Certain aspects of the social, criminal-political, criminological and criminal-legal conditionality of the nature of di erentiation and individualization of criminal penitentiary repression are considered. The content of punishment in the form of imprisonment is analyzed in terms of measuring the parameters of penitentiary criminology. On this basis, the content of the protective task of criminal law in the conditions of the development of the social state and modern society is clari ed.