Execution Of Sentence Research Articles

Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system

Aim: Criteria for the evaluation by the Constitutional Court of decisions on the execution of sentences. Methodology: Descriptive, documentary and content analysis. Findings: According to the Section 27 (1) of the Act on the Constitutional Court, the decision on the merits, i.e. the decision on the substance of the charge and the decision on criminal responsibility, or the decision on the guilt and the acquittal, can be the subject of a constitutional complaint. The final decisions – the order not to proceed to trial and the order terminating the proceedings – cannot be considered as decisions on the merits within the meaning of the Constitutional Court Act. However, these decisions can be examined in the context of a constitutional complaint, because they correspond to the Section 27 (1) of the Constitutional Court Act, the other decision ending the court proceedings. Value: So far, no academic article has been published that analyses which decisions of the penitentiary judges can be challenged by a constitutional complaint following the latest amendments to Act CCXL of 2013 (Act XCVII of 2023).

A büntetés-végrehajtási döntések alkotmányossági értékelése, megítélése, figyelemmel a büntetés-végrehajtási kreditrendszer bevezetésére

Aim: Criteria for the evaluation by the Constitutional Court of s on the execution of sentences. Methodology: Descriptive, documentary and content analysis. Findings: According to the first turn of Article 27 of the Law on the Constitutional Court, the decision on the merits, i.e. the decision on the substance of the charge and the decision on criminal responsibility, i.e. the decision on the guilt and the acquittal, can be the subject of a constitutional complaint. The final s – the order not to proceed to trial and the order terminating the proceedings – cannot be considered as s on the merits within the meaning of the Constitutional Court Act. However, these s can be examined in the context of a constitutional complaint, because they correspond to the second turn of Article 27 of the Constitutional Court Act, the other decision ending the court proceedings. Value: So far, no academic article has been published that analyses which s of the prison judges can be challenged by a constitutional complaint following the latest amendments to Act CCXL of 2013 (Act XCVII of 2023).

Пробація в Україні: сучасний стан та особливості реалізації

It was found that the issue of probation is relevant for Ukraine in the context of harmonizing national practice with international standards of judicial proceedings and execution of punishments and improving the functioning of the legal mechanism of the state. The long period of probation in Ukraine is a confirmation of the humanization of the system of execution of punishments and is characterized by a positive experience, given the possibility of a person who has committed an offense to correct himself within the limits of social formation, and the legal restriction of certain rights of a person allows him to fully understand the consequences that deprivation will have for him will It was emphasized that in Ukraine, in 2018, the "Probation Center" was created, which belongs to the sphere of administration of the Ministry of Justice, whose duties include the implementation of tasks of probation supervision, also, a number of normative legal acts were adopted and changes were made to the existing ones, with the aimof prevention of a person’s loss of social significance and his full correction, outside the limits of the institution of execution of punishment. It is noted that Ukraine recognizes and supports international recommendations and standards in the field of execution of sentences regarding the correction of convicts, their resocialization without isolation from society in order to ensure a comprehensive approach to the prevention and fight against crime, as well as the use of alternatives to pre-trial detention and imprisonment on the basis of the court verdict, which proves the high level of development of criminal justice and civil society. Attention is focused on the fact that probation supervision is the main criminal punishment, which consists in limiting the rights and freedoms of the convict, with the use of supervision and socialeducational measures without isolation from society. Such a limitation is determined by law and established by a court verdict. The process of resocialization is important, during which a positive perception of work, social customs, and the convict’s personal culture is formed. For the implementation of probation programs, the Ministry of Justice of Ukraine has developed methodological recommendations, which are divided into meaningful modules, within which thematic classes are held and tasks are performed that contribute to the development of certain social skills of convicts.

МЕЖДУНАРОДНАЯ НАУЧНО-ПРАКТИЧЕСКАЯ КОНФЕРЕНЦИЯ «АКТУАЛЬНЫЕ ПРОБЛЕМЫ УГОЛОВНО-ИСПОЛНИТЕЛЬНОГО ПРАВА И ИСПОЛНЕНИЯ НАКАЗАНИЙ» ПАМЯТИ ПРОФЕССОРОВ Н. А. СТРУЧКОВА И М. П. МЕЛЕНТЬЕВА ПО ВОПРОСАМ РЕСОЦИАЛИЗАЦИИ ЛИЦ, ОСВОБОЖДЕННЫХ ИЗ УЧРЕЖДЕНИЙ УГОЛОВНО-ИСПОЛНИТЕЛЬНОЙ СИСТЕМЫ (12 АПРЕЛЯ 2024 ГОДА)

On April 12, 2024, an international scientific and practical conference «Actual problems of penal enforcement law and execution of punishments» was held in Nizhny Novgorod in memory of Professors N. A. Struchkov and M. P. Melentyev with a thematic meeting «Resocialization of persons released from institutions of the penal enforcement system: the role of the Investigative Committee of Russia, the Federal Penitentiary Service of Russia and other subjects crime prevention». The co-organizers of this event, in addition to the Department of Penal Enforcement Law and the organization of educational work with convicts of the Academy of the Federal Penitentiary Service of Russia, were the St. Petersburg Academy of the Investigative Committee of the Russian Federation, as well as the Union of Criminologists and Criminologists. The conference was the first of its kind and identified areas for further improvement of the theory, legislation and practice of implementing the institute of probation and execution of sentences, including the re-socialization of persons released from institutions of the penal enforcement system, as well as correctional and preventive measures against them.

ПЕРСПЕКТИВЫ ИСПОЛНЕНИЯ НАКАЗАНИЙ, НЕ СВЯЗАННЫХ С ИЗОЛЯЦИЕЙ ОСУЖДЕННЫХ ОТ ОБЩЕСТВА, В ОТНОШЕНИИ ЛИЦ БЕЗ ОПРЕДЕЛЕННОГО МЕСТА ЖИТЕЛЬСТВА В КОНТЕКСТЕ ВВЕДЕНИЯ ПРОБАЦИИ В РОССИЙСКОЙ ФЕДЕРАЦИИ

The study analyzes certain provisions of Federal Law No. 10-FZ dated February 6, 2023 «On Probation in the Russian Federation» in order to assess the prospects for the execution of sentences without isolating convicts from society in relation to persons without a fixed place of residence. Based on the results of the analysis, a hypothesis has been formulated about the high potential of probation activities in achieving the goals of penal enforcement legislation in relation to this category of convicts. In addition, certain imperfections of legal regulation, possible conflicts of the Federal Law «On Probation in the Russian Federation» were found, and ways to eliminate them were proposed.

프랑스·독일·일본에서의 범죄피해자의 형사절차 참가제도와 우리나라에 대한 시사점

France and Germany, that have adopted private prosecution or recognize private participation in litigation, guarantee crime victims the right to participate in criminal proceedings, allowing them to seek redress and protect their rights. However Japan and Korea, which operate criminal procedures based on the principle of state prosecution, perceive the state criminal procedures as an adversarial relationship between the criminal justice agencies and the criminals, and views crime victims as mere objects of protection and support or as targets of preferential measures. Recently, Japan has introduced a system that guarantees crime victims the right to participate in criminal proceedings to a limited extent. Korea attempted to revise the law to introduce a victim participation system that was much weaker than that of France or Germany, and even Japan, but it was ultimately frustrated. Whenever the neglect of the protection of the human rights of crime victims becomes a social issue, the Korean government has established and implemented measures to strengthen the rights of victims. However, except for victims of crimes that attract social attention, such as sexual assault or stalking, the poor status of victims of crimes such as murder, assault, and fraud has not improved much. With only these intermittent and sporadic measures, it is difficult to properly fulfill the state's duty to protect crime victims. In order to improve the poor status of victims, it is necessary to create a principle provision on the protection of suspects' rights and participation in criminal procedures in the Constitution, and declare at the beginning of the Criminal Procedure Act that the rights of crime victims should be protected. And then a device must be established to protect crime victims in a series of criminal procedures such as investigation, prosecution, trial, and execution of sentence. In particular, it is necessary to build a system that stipulates the right of crime victims to express their opinions at each important stage of the criminal procedure, such as the conclusion of the investigation, decision not to prosecute, decision on detention, pronouncement of judgment, and suspension of execution of sentence, and to notify the progress of the criminal procedure.

Upaya Meminimalkan Adanya Disparitas dalam Penjatuhan Putusan Pemidanaan dalam Perkara Tindak Pidana Korupsi di Indonesia

Problems regarding the execution of sentences obtained for corruptors recently become attractive spotlight in the eyes of the public. In the debate, many sentences for corruptors are the center of the general debate because there is a tendency for corruptors to have sentences that are considered light with the losses caused by these corruptors. Especially if they find significant differences in sentences (disparities), for corruption cases which are more or less the same and worthy of comparison. Therefore, it is necessary to know the factors of the large number of disparities in the sentencing of corruption and efforts are needed to zoom out or deal with it. This research was compiled using normative legal research, namely research based on legal materials (library based) which focuses on reading and studying primary and secondary legal materials. The approach in this study is a comparative legal approach (comparative law approach). Factors that continue to influence the emergence of disparities in the imposition of criminal convictions on Corruption Crime Cases in Indonesia are influenced by the legal system, legislation in Indonesia, factors originating from the judges themselves, factors originating from criminal events, and factors arising from not the existence of joint rules/guidelines in the imposition of sentencing

МЕСТО И РОЛЬ ОПЕРАТИВНО-РОЗЫСКНОЙ ДЕЯТЕЛЬНОСТИ В ВОЗМЕЩЕНИИ ВРЕДА ОСУЖДЕННЫМИ

In the protection of human rights, compensation for harm caused by a crime is important. This constitutional obligation of the State is to a certain extent ensured by the current legislation, including criminal and operational investigative legislation. However, the practice of executing claims while serving sentences by convicts indicates a low level of compensation for harm. The analysis of the penal enforcement legislation makes it possible to establish unused reserves. The purpose of the study was to consider the process of ensuring compensation for harm caused as a result of the commission of crimes as a task of carrying out operational investigative activities in the execution of sentences in the form of imprisonment. The author suggests specific measures to improve criminal legislation and legislation regulating operational investigative activities in correctional institutions.

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.

Wybrane zagadnienia praktyki stosowania przerwy i odroczenia wykonania kary

Selected issues of the practice of interruption and postponement of the execution of a sentence This article focuses on selected issues in the practice of parole, postponed execution of sentences and the challenges arising from their implementation. It attempts to analyse the institution of a conditional early release from the remainder of a prison sentence under Article 155 of the Polish Executive Penal Code, which introduces a probationary element into the process of granting parole. It addresses the aspects that are most difficult to interpret. In the context of postponed executions of sentences, the article draws attention to the problem of competition with the electronic monitoring system. Furthermore, the article discusses the provisions of Article 9 § 4 of the Polish Executive Penal Code in light of amendments effective on January 1, 2023. The study also looks at a topic rarely discussed in the literature, namely the gap in the scope of parole and postponement during the implementation of security measures. The analysis examines the current regulations in the context of the aims and nature of psychiatric detention, parole and deferred sentences. The article concludes by proposing a direction for interpreting the current legislation and makes de lege lata and de lege ferenda suggestions.

FINE, CONDEMNATION AND RECOGNITION: GROUNDS FOR EXTINGUISHING THE PUNISHMENT OF VULNERABLE PERSONS

This article seeks to analyze the contours of the fine penalty and its implication in the execution of sentence and resocialization of economically vulnerable. To do so, it starts from the decision of the Superior Court of Justice in the revision of the understanding signed in the Repetitive Theme 931. Thus, it seeks theoretical grounds for extinction of the punishability in cases of default of those who do not have financial resources, since the penalty of a fine can show itself as a punishment of poverty.

Women in acute forensic psychiatric care: comparison of clinical, sociodemographic, and detention-related characteristics in pretrial detention, sentence execution, and court-ordered treatment

Compared to men inmates, women display decreased prevalence of severe mental disorder but increased occurrence of substance use disorders (SUD) and higher rates of previous contacts with mental health services. The group of women in detention is highly heterogeneous according to the status of incarceration (pre-trial detention (PTD), sentence execution (SE) and court ordered treatments (COT)). Studies focusing on the comparison of sociodemographic patterns, detention-related and clinical variables between these groups are still lacking. We explored these parameters in 136 women admitted for acute psychiatric care in the sole Geneva forensic unit during a nine year period (2014–2023). Sociodemographic and detention-related data included age, nationality, marital status, presence of children, education attainment, most frequently speaking language, social support, employment before conviction and type of offenses. Clinical variables included the main ICD-10 diagnosis, presence of concomitant SUD, type of personality disorders, presence of suicidal thoughts and attempts at admission, as well as number and mean duration of stays. PTD and SE women had at least 9 years of formal education in 38.9% and 30.3% of cases. Most women in PTD (77.7%), SE (56.6%) and COT (56.2%) groups were Swiss or European citizens. The level of French knowledge was excellent in most of the cases. 43.8% of COT women had at least one child and this percentage is even higher for PTD and SE cases. The employment rate before conviction was also quite high, mainly for PTD and SE (61.1% and 60.6%) and, in a lesser degree, for COT (43.8%) women. Significant social support was present in the vast majority of women without any significant group difference. The distribution of type of offenses did not differ between the three types of detention with a predominance of physical violence, and drug trafficking. The number of stays during the period of reference was significantly higher in COT compared to both SE and PTD women. History of previous inpatient care was also significantly more frequent in COT that SE and PTD women. Adjustment and affective disorders were more often found in SE and PTD cases, these diagnoses were absent in the COT group. In contrast, a main diagnosis of psychotic disorders was found in 62.5% of COT cases compared to only 21.2% in SE and 24.1% in PTD cases. The number of stays, history of inpatient care and diagnosis of psychosis were independent predictors of COT status. In conclusion, the present data reveal the good social integration and emotional support of women needing acute psychiatric care in prison independently of the type of detention. Clinically, women in PTD and SE display more often emotional distress whereas those in COT suffer from acute psychotic symptoms with previous history of psychiatric care and multiple inpatient stays.

Нормативно-правовые основания организации штрафных подразделений Красной армии в годы Великой Отечественной войны (1941–1945)

The article deals with one of the most controversial problems that attracts the attention of both professional historians and artists, namely the topic of disciplinary battalions, disciplinary companies and their servicemen in the Red Army during the Great Patriotic War of 1941- 1945. This topic is multidimensional and, without claiming to cover all or at least most of its aspects, we have focused on the study of the normative and legal foundations of the organization of disciplinary battalions and disciplinary companies. The exploration of this aspect is inevitably connected with the confrontation of facts and their analysis with various mythologems and speculations on the subject of disciplinary units in the Red Army. The author examines not only the orders of the People's Commissariats of the USSR, primarily the People's Commissariat of Defense (hereinafter - PCD), but also pre-war legislation, in particular, the Criminal Code of the Russian SFSR of 1926 and the criminal legislation of the Union republics within the USSR, which allows us to find in the pre-war criminal legislation the possibility of replacing a conviction, punishing a serviceman in wartime with imprisonment without loss of rights, with sending him to the active army, with the sentence execution being postponed until the end of hostilities. Consequently, there is a reason to assert that the normativelegal acts issued during the Great Patriotic War and, in one way or another, related to disciplinary units were adopted on the basis of and in fulfillment of the Criminal Code of the Russian SFSR of 1926 and similar codes of the Union republics. We believe that, contrary to the opinion that the creation of disciplinary units was an extremely cruel and unjustified measure of the Soviet command, this decision was dictated by the extremely difficult situation at the fronts at the height of the summer of 1942 and contributed to the strengthening of discipline both at the front and in the troops of the internal districts, i.e. was necessary and justified. The very assignment to a disciplinary unit did not mean a death sentence, either legally or actually, ; rather it gave a chance to perpetrators to be released or to have their criminal punishment commuted. The author also examines the grounds for assignment to the Red Army disciplinary units

Resocializacijos įgyvendinimo problemos ir galimybės Lietuvos kalėjimuose

Lithuania‘s strategic documents point out that the main purpose of the execution of sentences is the resocialisation of convicts. The article analyses the problems and possibilities of the implementation of resocialisation of convicts in Lithuanian prisons today, based on the ideas of positivist and critical criminology. The research comprised an analysis of scientific literature and strategic documents in Lithuania, and an empirical qualitative study, which included twenty semistructured interviews with Lithuanian prison staff and experts from the penitentiary system. The data analysis was based on thematic analysis. The study reveals that resocialisation as a priority becomes a secondary goal of imprisonment during implementation, pursued in a demotivating and desocialising prison environment and punitive culture. The gap between the prison‘s stated objectives of resocialising prisoners and the human and financial capacity to achieve this is noted. Positivist and critical criminology ideas broaden the perception and analysis of resocialisation as a phenomenon and make it possible to rethink the functional and institutional distinction between the punishment of convicted persons and their treatment, assistance, and motivated personal transformation as different activities. The study suggests that the success of resocialisation of an individual requires the disaggregation and implementation of the stages of resocialisation, not only in prison but also in institutions that focus on helping without retribution and punishment.

Peculiarities of execution of punishment in the form of arrest by military personnel

It does not require any special proof that the assumption of irrationality and unreasonableness in matters of sentencing may level the success of all criminal law institutions, give rise to a sense of injustice, reduce confidence in justice and finally call into question the definition of a particular State as a State governed by the rule of law.
 Indeed, the goal set by the law on criminal liability can be achieved through a variety of criminal penalties, primarily by enabling the court to impose a punishment on a person guilty of a criminal offense in each case, applying the principle of justice and individualization of responsibility.
 One of the indicators that may indicate whether punishment achieves the goal of reforming convicts is the recidivism rate, in the broad sense of the term, namely the rate reflecting the number of persons convicted of a criminal offense, provided that they have previously been convicted of at least one criminal offense.
 When applying arrest with detention in the brig, the goals of punishment are achieved primarily by applying the following measures: establishing an appropriate regime for the execution and serving of sentences; organizing educational influence; involving convicted servicemen in socially useful work; organizing military training for social influence.
 The special conditions are primarily determined by the fact that in case of conviction of a serviceman to arrest, he is not released, but serves his sentence under the condition of further military service.
 At the moment, the legal regulation of the procedure for the execution of sentences that may be imposed on military personnel remains largely unexplored, so our task in this article is to consider in more detail the procedure for serving a sentence of arrest by military personnel.

Fulfillment of obligations prescribed by national legislation and international treaties when deciding on extradition of persons for criminal prosecution or sentence execution

Fulfillment of obligations prescribed by national legislation and international treaties when deciding on extradition of persons for criminal prosecution or sentence execution

Regimes for the execution of sentences and rights and obligations of sentenced persons

Correcting deviant behavior has been a problem for society since ancient times. In order to find out what is the most appropriate way to proceed with the retouching of deviant behavior, we must know about the cause of the criminal urge, look for the psychological springs that impel an individual to resort to committing violations of the criminal law. A determining factor is also played by the significant discrepancy between social categories through the unequal distribution of income, which also influences the quality of living standards, living and purchasing power. In this respect, it was desired to join the OECD, being perceived as a means of activating national reforms that have as main objective the improvement of the material situation of citizens. The Organization for Economic Co-operation and Development is an international body that aims to ensure sustainable economic growth and social stability of 35 developed countries that accept the principles of democracy and free market economy. With Romania's accession to the European Union, it was also desired to get closer to the other European states in order to borrow the methods and measures applied that contribute to maintaining a state of general stability. However, integration did not occur with accession, as demonstrated by repeated refusals and barriers to acceptance into various European and international organizations, the most famous case being the desire to enter the Schengen area, a wish rejected, even if the accession criteria are met. Due to such a vast history with reference to the penitentiary setting, but also due to the worldly character attributed to the execution of custodial measures in recent years, we will go through together the evolution of the penitentiary regime and of the rights and obligations of convicted persons, so that in the end we will see if all these measures to correct those who conduct themselves deviate from the rules admitted by society lead to the expected result.

Criminal Law aspects of the institutions of restriction of liberty and probation: compliance with the leading European Law enforcement standards

The article examines the conceptual foundations of interpretation and implementation of probation supervision measures in the general system of criminal punishment in Ukraine, and proves the need to regulate the mechanism of probation supervision at the legislative level as an alternative to restriction of liberty.The author establishes that the problem of creating an effective system of punishment for criminal offenses in Ukraine remains one of the most relevant and important topics of modern legal science. The current criminogenic situation in Ukraine, despite its minor positive trends, remains particularly dangerous for the civilized part of Ukrainian society, and thus negatively affects the internal security of our State. The author determines that it is possible to improve the process of execution of sentences through the introduction of a new type of punishment - probationary supervision.In most countries of the world, the prerequisite for the use of probation supervision was the introduction of restriction of liberty. As a new type of punishment in the post-Soviet space, it first appeared in the Model Criminal Code of the Commonwealth of Independent States. Under the national legislation of Ukraine, restraint of liberty has appeared in the Criminal Code of Ukraine of April 05, 2001. Punishment in the form of restraint of will consists in keeping a person in open-type penal institutions without isolation from society under conditions of supervision with the mandatory involvement of the convict in labor. The term of restriction of freedom is usually one to five years. In the course of the article, it was determined that restraint of liberty is an economically unprofitable type of punishment, because in Ukraine it has equated with deprivation of liberty. In addition, today, many academics and politicians criticize the restriction of free will because it does not help to correct the behavior of criminals. The author of the article determined that probation supervision is the convict’s duty to appear before a special state authority to report a change of residence. The convict must come to the institution at least once every three months.

On the Issue of the Specifics of Execution Deprivation of Liberty in Relation to Patients Socially Significant Diseases

The article discusses the features of the execution of sentences in relation to convicts with socially significant diseases. Based on the analysis, the authors drew conclusions. Timely diagnosis and treatment control of sanitary and epidemiological treatment of premises in the institution and the establishment of psychological contact with this category of convicts can increase the effectiveness of prevention. Monitoring will reveal the existing problems in the provision of medical care in places of deprivation of liberty. In order to increase the effectiveness of the execution of sentences in relation to convicts with socially significant diseases, it is necessary to create a unified federal system for registering released persons in this category in order to ensure the timely transmission of information throughout the country.

THE ANALYSIS OF SOME PROBLEMS IN ACHIEVING THE REHABILITATION PURPOSE OF PUNISHMENT

In this work the author deals with contemporary problems in achieving the rehabilitation aim as a dominant purpose of prison sentence execution in majority of countries today. Rehabilitation is one of the major principle in treating of persons who are convicted to prison sentence and consists of numerous rules set in some international documents as well as in national legislations. In work is given an overview of the historical development of the rehabilitation model both in global and domestic level as well as modern approaches in realization of rehabilitation expectations. The author further analysis some retributive tendentions in modern legislation. One of the problem is the trend of imposing a life sentence which is particularly problematic in case of absence the possibility of parole for certain convicts. That form of life sentence is prescribed in Criminal Code of Republic Serbia, so the author considers the sustaintability of that provision, especially in the context of European Court of Human Rights’s decisions.