Execution Of Punishment Research Articles

The Problems of the Replacement of Alternative Penalties Taking into Account the Implementation of International Standards: Case of Some Post-Soviet Countries

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Individual forecasting of convict’s behaviour in process of punishment execution

Individual forecasting of convict’s behaviour in process of punishment execution

Особенности принудительных мер медицинского характера, соединенных с исполнением наказания

Принудительные меры медицинского характера могут быть назначены лицу не только в качестве самостоятельной меры уголовно-правового характера, но и наряду с наказанием. Соединение принудительного лечения с отбыванием наказания имеет свои особенности, ставшие предметом рассмотрения в настоящей статье. Основной задачей автора в рамках заявленного предмета было проведение критического анализа положений уголовного закона, регулирующих применение принудительных мер медицинского характера, соединенных с исполнением наказания. Использованы как общенаучные (анализ, синтез, аналогия), так и частно-научные методы исследования (формально-юридический, логико-языковой, метод сравнительного правоведения). Исследование показало, что на сегодняшний день применение принудительных мер медицинского характера наряду с наказанием обнаруживает ряд проблем практического характера. К их числу могут быть отнесены невозможность изменения вида принудительного лечения, соединенного с исполнением наказания, одновременное применение к одному и тому же лицу нескольких видов принудительного лечения, определение срока, на который назначается данный вид принудительных мер. Автор критически относится к существующей позиции об ограниченности срока применения принудительного лечения временем отбывания наказания. В основу определения срока лечения должны быть заложены медицинские критерии, отражающие динамику состояния здоровья лица, к которому применяются рассматриваемые меры. В статье обосновывается позиция, согласно которой принудительные меры медицинского характера, соединенные с исполнением наказания, представляют собой некарательную форму реализации уголовной ответственности. Compulsory medical measures can be assigned to a person not only as an independent law measure, but also along with punishment. The combination of compulsory treatment with punishment has features that have become the subject of this article. The main task of the author in writing the article in the framework of the claimed subject was to conduct a critical analysis of the provisions of the Criminal Code governing the use of compulsory medical measures connected with the execution of punishment. In the process of work on the article there were used both general scientific methods (analysis, synthesis, analogy) and private scientific methods (formal-legal, logical-language, the method of comparative law). The study showed that today, the use of compulsory medical measures, connected with the execution of punishment, reveals practical problems. These include the impossibility of changing the type of compulsory treatment, combined with the execution of punishment, the simultaneous application to the same person of several types of compulsory treatment, the definition of the period for which this type of compulsory measures is assigned. The author criticizes the position that the period of compulsory treatment should be limited by the time of serving the sentence. According to the author, the basis for determining the period of treatment should be based on medical criteria that reflect the dynamics of the state of health of the person to whom the measures are applied. The article substantiates the position according to which compulsory medical measures, combined with the execution of punishment, constitute a non-punitive form of criminal responsibility.

Disparity of the Waiting Period of the Capital Punishment Execution for Narcotics and Murder Cases in the Perspective of Human Rights

Disparity of the waiting period of the capital punishment execution for narcotics and murder cases occurs as the legal consequence of the policy of the Indonesian Public Prosecution Service for prioritizing the execution of death row inmates in narcotics cases. The problem is how the analysis is in the perspective of Human Rights for such disparity of the waiting period for the execution of the death row inmates as a result of the Prosecutor's policy to prioritize the execution of the death row inmates in narcotics cases. This study uses a juridical normative method with the legislation and case approaches. The study's result concludes that disparity of the waiting period for the execution of death row inmates in narcotics and murder cases represents no protection and respect for human rights. There should be an implementing regulation that governs the waiting period of the execution of death row inmates to avoid the disparity, so that execution of death row inmates will be carried out to represent the human rights protection. Keywords: Disparity, Waiting Period of Execution, Death Row Inmate, Human Rights

РЕСОЦІАЛІЗАЦІЇ КОЛИШНІХ ЗАСУДЖЕНИХ ДО УМОВ СУЧАСНОГО СУСПІЛЬСТВА

Urgency of the research. Despite the fact that recently the state pays considerable attention to improving the penitentiary system, the issue of re-socialization of former convicts still remains unresolved. Target setting. In the process of resocialization, socio-psychological work with former convicts involves the provision of highly qualified assistance, during which a change in personal orientation takes place. But in practice, measures to promote the re-socialization of former convicts are not actually carried out, or are purely conditional. Actual scientific researches and issues analysis. Such scientists as V. Nalyvaiko, O. Osaulenko, A. Kozub, O. Myroniak, N. Kryvokon, T. Syla, L. Zhuk, O. Nezhyvets, V. Shakhrai, V. Kybalchenko consider the resocialization of former convicts in their works. Uninvestigated parts of general matters defining. Despite significant amount of scientific works, the problem of resocialization of former convicts to the conditions of modern society remains poorly studied and needs further research. The research objective. To analyze scientific approaches to the concept of "resocialization of former convicts", as well as to determine the directions and forms of resocialization of convicts for social institutions. The statement of basic materials. The process of transformation of personality during and after the execution of punishments is the result of a complex interaction of many factors, namely importation, socialization, deportation and cultural evolution, etc. This process is too complex to be analyzed only from the point of adaptation or rehabilitation. It is the term "resocialization" that most fully reflects the processes that take place with convicts in a prison and after their release. Conclusions. The most relevant definition of the process of a former convict entering the society is resocialization, which is the process of formation of positive traits in a person that contribute to a different attitude to a human, society, work, traditions, moral, i.e., is a kind of re-formation, correction of personality.

Кримінологічні ознаки «професійної» злочинності: соціально - правове дослідження

The formation of civil society and the development of Ukraine as a legal, democratic and social State are associated with the large-scale legal reform, comprehensive strengthening of the rule of law, protection of the constitutional rights, freedoms and legitimate interests of a person and citizen. The public security and rule of law are recognized as very important factors in the development of the Ukrainian society. However, ensuring social security is impossible without creating the safe space for people and protecting their basic human rights and freedoms from criminal encroachments. One of the basic means of ensuring security is the use of the criminal punishment in the form of imprisonment. However, the statement about the effectiveness of that measure is still quite controversial. It has long been recognized at the level of the international community that places of deprivation of liberty do not contribute to the prevention of recidivism, which is one of the most dangerous types of crime and is closely linked to the professional, organized and «white-collar» criminality and can be demonstrated in various forms. The conditions of the deprivation of liberty are characterized by considerable negative consequences, including the increase of the «professional» qualification of the imprisoned offenders and hindrance to the process of their return to the open society (re-socialization). At present, more and more scientists say that the most efficient measures are the non-punitive sanctions and the individual corrective work as the prevention of the criminal «professionalism». More attention is being paid to the alternative forms of punishment and the development of the Probation Service’s activities. But the «professional» crime is a complex and multicomponent phenomenon. Therefore, its combating and prevention require the development of the common approach and significant reform of the criminal and criminal-executive legislation, as well as the change of the sanctions policy vector of the State from the punitive to the correctional one. Besides, it is necessary to make the comprehensive social-legal research, which determines the relevance of that topic and encourages scientists to further researches. Therefore, the purpose of our research is the comprehensive examination of issues related to the «professional» crime and to the impact of the punishment on its development. The research is carried out on the basis of the sociological survey (questionnaire) of the persons, who have committed crimes with the signs of the criminal «professionalism», as well as on the basis of the generalization of the obtained information about the criminological features of the «professional» crime and on the basis of the proposals on the prevention of the «professional» crime. The methodological basis of the research is the set of general scientific and special methods of the scientific cognition, which give the possibility to analyze comprehensively the range of issues related to the formation, development and prevention of the «professional» crime. The theoretical basis of the research is the Constitution of Ukraine, the Criminal and Criminal-Executive Codes of Ukraine, the Law of Ukraine «On probation», the current legislative, normative acts and draft normative acts, which regulate relations in the sphere of execution of punishment and serving criminal sentences, as well as the scientific articles on that topic. The analytical method was used for analyzing the results of the questionnaire of those persons, who committed crimes with the signs of criminal «professionalism». The method of the statistical analysis gave the possibility to examine in detail the results of the questionnaire in each section. The legal-comparative method gave the possibility to compare those results according to certain criteria. Therefore, the article reveals not only the respondents opinion through the posed questions, but also follows the relationship of the responses, depending on different factors. In addition, the method of legal prediction gives the possibility to continue the researches of the above mentioned issues on the basis of the obtained earlier results. As a consequence, the results would be implementated in the legislation for the «professional» crime prevention. Keywords: professional criminality; criminal professionalism; criminal offense; criminal qualification; criminal subculture; features and determinants of the «professional» crime.

Woman and Child: The Penitentiary Aspect

The article analyzes the legal and medical significance of the child's living together with his mother in the Children's Houses of the penitentiary system. Materials for the study were the author's own observations, the materials of the Federal Service for Execution of Punishment (FSEP) of Russia reports on medical care for women and children over the period of five years; the data obtained as a result of targeted inquiries to the Children's Houses of the penitentiary system. The article generalizes the experience of the Children's House activities of the penitentiary system in this direction. It shows the positive effect of joint maintenance, first of all, in terms of the breastfeeding rates. Natural and mixed feeding constituted 67 % in the Children's Houses, including 85 % in the Children's Houses with joint stay of the newborns, and 42 % in other Children's Houses, which is statistically lower. In the Children's Houses with the expanded co-residence department, the primary morbidity of children was 1678 ‰, while in the comparison group - 2015 ‰, which is significantly higher. According to the primary incidence rate, there was a decrease in the pool of respiratory diseases from 1000 to 870 per 1000 children, thanks to placing into operation of the joint co-residence hostel for mother and child. The co-residence of the mother, convicted to imprisonment, and the newborn will contribute to the childs physical, neuropsychic development, its harmonious growth, as well as to manifesting the maternity feelings, which can be an important factor of the resocialization of the convicted person. The author propose to introduce a normative compulsory co-residence of mother and child in the Children's Houses of the penitentiary system.

MODEL KEPEMIMPINAN DAN PENGEMBANGAN POTENSI PEMIMPIN PENDIDIKAN ISLAM

This research is motivated by the prescription in the Indonesia Criminal Code (KUHP) which is became one of the causes of a prosecutor cannot prosecute and execute a sentence against a criminal offender. A concept that was initially unknown in Islamic criminal law (fiqh jinayah). The purpose of this study is to compare the concepts of prescription in the Indonesia Criminal Code and Islamic jurisprudence. This study uses a library research method with a comparative approach. The conclusion of this study is that the Indonesia Criminal Code the prescription applies to all criminal acts at the level of prosecution and the execution of penalties. On another side the prescription in Islamic criminal law can only be applied to takzir crime at the same level, namely prosecution and executing sentences.

DALUWARSA DALAM KUHP DAN FIQH JINAYAH

This research is motivated by the prescription in the Indonesia Criminal Code (KUHP) which is became one of the causes of a prosecutor cannot prosecute and execute a sentence against a criminal offender. A concept that was initially unknown in Islamic criminal law (fiqh jinayah). The purpose of this study is to compare the concepts of prescription in the Indonesia Criminal Code and Islamic jurisprudence. This study uses a library research method with a comparative approach. The conclusion of this study is that the Indonesia Criminal Code the prescription applies to all criminal acts at the level of prosecution and the execution of penalties. On another side the prescription in Islamic criminal law can only be applied to takzir crime at the same level, namely prosecution and executing sentences.

Features of Humanization of the Criminal Policy of Kazakhstan: Study of the Possibilities to Increase the Effectiveness of Punishments in the Context of International Experience

Humanization of the criminal policy of the Republic of Kazakhstan, started by the President of the country in the Message dated January 29, 2010, attracts the attention of many researchers, both in Kazakhstan and in the world. However, the issue of what impact this humanization has on the recorded criminality in the country is answered by researchers ambiguously. A part of society also believes that humanization allows avoiding fair punishment for many criminals. The aim of the work is to summarize the results of the humanization of the criminal policy, to develop certain recommendations on the improvement of the criminal legislation of Kazakhstan taking into account world trends and the provisions in the international criminal law. The influence of international legislation on the formation of national criminal law is analyzed. Under the influence of global trends, there has been significant humanization of the criminal legislation of the Republic of Kazakhstan. A significant reduction in the number of persons serving a criminal sentence of imprisonment is mentioned by the author as one of the main achievements of the process of humanization. The author sees the further development of the process of humanization in a new approach to the execution of punishment in the form of community service. The international experience of implementing the principle of publicity for a number of criminal penalties, its conformity with the historical traditions of the Kazakh society are recognized as positive; this experience is recommended to be used and fixed in the Criminal Code of the Republic of Kazakhstan. The author believes in the need to widely involve public organizations, including religious ones, in their influence on people convicted for public works.

Judicial intervention in penal enforcement

Punitive treatment of those who are sentenced under penal policy has been developed by changing the purpose of punishment from deterrence, cruelty and reprisals from the delinquent trying to change reform and reintegrate him into society. It is illogical to let this later coined by the punitive management, and making the judiciary out of execution especially with giving importance by the figh and punitive judiciary to individual punishment, in addition to that, the delinquent may not have its rights because of the bad arbitrariness which is made by the penal institution. From her, the necessity of the punitive intervention is called in order to supervise the execution of punishment in a good way that ensure the good conduct of this execution in a perfect way to led to restrict him society.

Semi-Liberty System Investigation in Iranian and French Law

The semi-liberty system was first established in French law and accepted in Iranian criminal law before Islamic Revolution Laws. In 2013, it was proposed in Islamic Penal Code with regard to detention policies and reducing the number of criminal cases. The semi-liberty system is one of the borderline penalties and it is moderate for crimes considered. In this case, the perpetrators are reformed in these crimes and they demand corrective actions based on middle legal sanctions. The mentioned item is one of the manifestation principles of individualizing punishment. The gradual progress of the convicted person is included in its working schedule. It has agreed with his/her liberty. This system gives an identity to criminal people to avoid him from labeling. It also gives job and family stability for convinced. It is matched to criminal justice response based on criminal status. And finally, it reduces the criminal costs. The purpose of the execution of punishments is reforming the criminal person. The jurisprudential foundations are not in conflict with the implementation of punishments with regard to demanding of the criminal person reforming and reducing the harmful effects of imprisonment on convicted person, his family and society. The privative liberty is minimized based on international documents. They develop liberties before the deadline and items including the mid-liberties. Finally, this item tries to create at least distance between the community and the convinced person and obtain the most benefit for society with regard to implementing this system. This study investigates the system of semi-liberation in Iranian criminal policy and French law.

К вопросу об условиях исполнения наказания в виде лишения свободы

К вопросу об условиях исполнения наказания в виде лишения свободы

Некоторые проблемы назначения и исполнения уголовного наказания в виде лишения свободы условно на примере дел о преступлениях против собственности

Некоторые проблемы назначения и исполнения уголовного наказания в виде лишения свободы условно на примере дел о преступлениях против собственности

CORRECTIONAL DOCTRINE AND ITS IMPACT ON THE STATUS OF AN INDUVIDUAL EXONERATED FROM SERVING THEIR SENTENCES

The article is devoted to the problems of execution of criminal punishment in the form of imprisonment. The article analyzes the correctional doctrine of the Russian state, manifested in the formulation and implementation of the purpose of convicts reformation, and its impact on the status of an induvidual exonerated from serving their sentences. On the basis of international standards and national legislation, priority is given to this purpose over other purposes of punishment and penal enforcement legislation. Some elements of the mechanism for achieving the purpose of correction of convicts are considered, as well as various options for recording repetition of crime after serving imprisonment are considered too. A proposal to reconstruct the existing system of statistical accounting of post-penitential repetition of crime in the USSR is made here, its main stages also are named. The conclusion is made about the preservation of socio-political importance of the purpose of correction of convicts at the present stage of development of state and the preservation of its legislative consolidation in the criminal and penal law of Russia.

Processing Personal Data by the Police in the Light of Changes in EU Law

In implementing their statutory tasks the Police can acquire a whole range of personal information, including sensitive data. This usually has a direct relation with combating crime. Therefore, such powers might be implemented without the knowledge and consent of persons to whom the information (data) concerns. Because police activities cause serious and profound intrusion into the sphere of a person’s private life, whose protection is guaranteed by the Constitution, they must be carried out within the limits strictly permitted by law. When discussing national regulations in force which control the issue of personal data protection, one must also take into consideration EU regulations. First of all the European Parliament and Council Regulation (EU) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and the European Parliament and Council Directive (EU) 2016/680 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data. This directive, commonly known as the police directive, constitutes regulations on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection and prosecution of criminal offences and execution of penalties. The national legislator faces a difficult task of implementation of the above-mentioned European legal acts, all the more so because the choice of particular solutions, to be adopted in their transposition to the legislative and implementing provisions, still remains an open issue. The adopted solutions ought to, on the one hand, ensure coherence with national regulations that implement them, on the other hand, they ought to cause the appropriate adjustment of the Polish law regulations to their requirements. The article presents the normative contents and remarks regarding appropriate, consistent with EU law processing of personal data by the Police.

Формирование механизмов социальной интеграции бывшего заключенного как фактор снижения рецидивной преступности

The paper analyzes the social problems that arise in connection with the sentencing and execution of punishment for committing a crime that complicate the social integration of an individual who committed the crime upon release. The object of the research is punishment as a reaction of society to the commission of a crime. The subject of the study is the factors complicating the social integration of an individual, who committed the crime upon release, and contributing to recidivism. The purpose of the study is a brief analysis of social problems that arise in connection with the sentencing and execution of punishment for committing a crime, complicating the social integration of an individual, who committed the crime of release, and contributing to recidivism. The objectives of the study are to consider the main problems of the domestic punishment system development; identification of the main factors complicating the social integration of an individual, who committed the crime of release, and contributing to recidivism. The paper identifies social problems that arise in the process of sentencing for a crime. If necessary, penalties for committing a crime, changes in the system of sentencing and the system of execution of punishments, which are in the nature of mitigation or toughening of sentences, do not lead to its effectiveness. The necessity of creating a state system of measures that are not controlling but of a social nature is substantiated, exerting influence on a person sentenced to deprivation of liberty, contributing to his integration upon release, and thus preventing a crime from recurring. A number of proposals are being made to formulate appropriate measures.

Modyfikacja kary w postępowaniu wykonawczym

The modification process in corrections proceedingsAccording to the Corrections Code, execution of penalty or penal measure is subject to fulfillment of corrective and preventive goals. Since the 18th century, progressive tendencies regarding imprisonment indicated the need to corrective influence — motivating the perpetrator to exhibit socially-acceptable behavior in order to prevent his relapse into crime. The system of execution of deprivation of liberty imprisonment is called a system of slow progression, which means that the penalty can be modified in case of progress in social adaptation or lack of such. The modification process is related to many procedures during execution of penalty. Based on diverse character of such procedures, one can classify them as incidental or autonomous, the latter leading to modification of penalty, e.g. external or internal, permanent, episodic, conditional or unconditional and others, all of which optimize the possibility of fulfillment of the primary goal of the penalty, that is preventing of relapse into crime.

Head of the penitentiary institutions: the issue of legal consolidation of the requirements of professional competence

The article deals with the professional competence and managerial role of the leader in the field of execution of punishment. The main features of the professional competence of the leader in the conditions of the reform of the criminal-executive service are developed. Taking into account the specifics of the appointment and needs of the head of the penitentiary system, the main positions regarding his professional competence are determined.

Негативные последствия действия правового механизма избрания и исполнения меры пресечения в виде домашнего ареста

Inclusion of house arrest as a measure of restraint that is less stringent than detention in the system of procedural compulsion measures is a manifestation of humanity of the criminal policy of the Russian state. However, the analysis of the application and execution of house arrest (Article 107 of the RF Code of Criminal Procedure) shows a considerable number of problems. These problems lead to delays in criminal proceedings, which prevents the achievement of the purposes of the application of the preventive measure and entails an unjustified restriction of the constitutional rights of the suspects, the accused and persons living together with them, etc. This situation is a result of the insufficient elaboration of the legal framework of the choice and execution of house arrest as a preventive measure. In particular, the probation department is devoid of the ability to consistently respond to the violation by persons under house arrest of the ban and/or the restrictions imposed by the court that the persons made at the stage of preliminary investigation and trial. The negative consequences of this are red tape in the processing of materials about the suspect's violation of the terms of house arrest, an increase in the number of these violations and failure of the imposed measure. The imperfection of the legal regulation of house arrest execution is evidenced by the fact that the probation department was deprived of the right to appeal the court's decision on refusal to satisfy petitions of the department to change the measure of restraint from house arrest to detention. The negative impact observed is that the suspects, the accused, the defendants under house arrest form the idea of permissibility of violations of the conditions of house arrest, which frequently leads to their subsequent concealment from the bodies of preliminary investigation, judgment, from execution of criminal punishment. A negative consequence of choosing house arrest as a measure of restraint is also manifested in the fact that in frequent cases persons living together with a person under house arrest block the access of the probation department to the technical devices that monitor the behavior of this person. This prevents the enforcement of the legislative regulation under Part 10 of Article 107 of the RF Code of Criminal Procedure. Given the above, elimination of gaps and inconsistency of legal norms in the legal regulation of house arrest as a measure of restraint is required. The author makes relevant proposals.