Personal Convictions Research Articles

Theoretical, legislative and practical aspects of release from probation

The article partially considers the issue of release from serving a sentence with probation, as a humanization of legislation and the state, determination of the probationary period for release from serving a sentence with probation under Art. 75.79 of the Criminal Code of Ukraine, the points of view of some scientists regarding the concept of the examination period and factors that affect the objectivity of the appointment of the examination period are analyzed.
 The essence of exemption from serving a sentence with probation is determined, the importance of the duties imposed on convicts and the expediency of additional punishments, the state of theoretical research on the issue of probation as a criminal-legal institution, the presence of problems and gaps in the legislation when applying this form of criminal-legal influence.
 An actual and promising direction of further research on this issue has been developed, which will be important for the theory of criminal, criminal law and criminology, and will also improve the effectiveness of the practical application of the specified norms of the Criminal Code of Ukraine. The institute is widely used in practice, it has a place of effectiveness, because it is possible to achieve the goals set by the punishment, without actually serving it and with minimal consequences for both the state and the convicted person. At the same time, there are also negative consequences for the convict in the form of actually serving the prescribed measure of punishment, if the latter did not fulfill the duties assigned to him, committed criminal offenses during the probationary period, as well as other illegal actions, which indicate his unwillingness to stand on way to fix it. In general, this issue is a relevant and promising direction of research, which is important both for the theory of criminal and criminal enforcement law, criminology, and for the practice of application.

САМОАКТУАЛИЗАЦИЯ ОСУЖДЕННОГО КАК ОДИН ИЗ ПСИХОЛОГИЧЕСКИХ КРИТЕРИЕВ ЕГО ИСПРАВЛЕНИЯ

The article considers the possibility of using self-actualization indicators as markers of the convict's formation on the path of correction. It contains the results of an empirical study of the features of self-actualization of men aged 25-29, divided into three groups: previously convicted persons who were again in a pre-trial detention center in the status of suspects and accused; first brought to criminal responsibility, detained in a pre-trial detention center; men with the problem of finding a new job. It was found that the indicators of self-actualization were significantly higher in the group of men who found themselves in a pre-trial detention center for the first time, and they are specific for each of the three groups. It is concluded that the indicators of self-actualization can act as markers of correction of the convicted person (to indicate either his becoming on the path of correction, or the deepening of criminalization). The directions of further research on the problem of self-actualization of suspects, accused, convicted are shown.

Prospects for the Development of the Institute of Parole in the Russian Federation

Introduction. This article deals with the actual problem of the possibility of conditional early release from serving a sentence of persons who have made a decision to voluntarily participate in hostilities in the interests of the Russian Federation. This issue has not been settled by the domestic legislator, although in objective reality cases of involvement of convicted persons to participate in hostilities, with their subsequent release, are becoming more common. As an example, the private military companie “Wagner” can be cited. Methods. The methodological basis of the work is the general philosophical dialectical-materialistic method of cognition, as well as general scientific methods (historical, logical) research. Results. The analysis of the national historical experience of attracting convicted persons to serve in military formations is carried out. The similarities and differences in the procedure for attracting convicted persons to participate in hostilities as part of the private military companie “Wagner” and as part of the penal units of the Red Army are highlighted. Discussion and Conclusion. As a result of the study, it was concluded that there are two possible options for the development of criminal law in the sphere of attracting convicted persons to participate in hostilities. The first is to consider the involvement of convicted persons in hostilities as a separate type of punishment; the second is to consider these cases as a form of conditional early release from serving a sentence. The second option seems to be more preferable, on the basis of which comprehensive amendments to domestic legislation are proposed, in particular, the addition of art. 79 of the Criminal Code of the Russian Federation is a new part, which provides for the possibility of parole from serving a sentence with a referral to service in a penal military unit.

Проблемы применения уголовных наказаний, сопряженных с привлечением к труду, в отношении лиц, достигших пенсионного возраста

The article analyzes the potential of the criminal law in terms of the application of punishments, the punitive content of which forms forced labor, to persons of retirement age convicted of crimes. The authors define the concept of “a person who has reached retirement age”, analyze the current legislation and practice of its application, as well as statistics on the commission of crimes and the punishability of persons in this category. The conclusion is made about the tendency of the growth of convicts who have reached retirement age, as well as a high proportion of the use of punishment in the form of imprisonment (both real and conditional), including for the commission of crimes of small and medium gravity. Taking into account the humanistic orientation of the punitive policy towards the elderly, the legislatively limited possibilities of individualizing the punishment of this category of subjects of responsibility, as well as the peculiarities of their psychophysiological status, the authors formulate a number of proposals to amend the criminal law regarding the application of compulsory, correctional and forced labor for persons who have reached retirement age. It is also proposed to consider the achievement of retirement age as a basis that prevents the appointment of compulsory work and significantly restricts the appointment of correctional and forced labor. The appointment of the latter is possible with the consent of the convicted person who has reached retirement age. According to the authors, such an approach will increase the effectiveness of punitive practices against convicts of retirement age.

Supportive social interaction as a concept for describing the situation of persons experiencing an infertility crisis

Objective: This article presents the definitions and justification of the necessity to introduce the original concept of supportive social interaction into scholarly discourse. Supportive social interaction is understood as a group interaction encompassing speaking or listening in an informal and judgement-free environment, which is connected with the necessity – and also provides an opportunity – to reciprocally disclose the experiences, needs and personal convictions of the persons participating in the said interaction and leads to a reduction of stress. The differences between traditional approaches to support and supportive social interactions and their significance in the treatment of infertility have been outlined in this article. Theses: Supportive social interactions, a precondition of which is the occurrence of disclosure, vary in terms of quality and function from support in the traditional sense of the word. They are also a source of stress reduction in the process of treating infertility using assisted reproductive technologies. Conclusion: Supportive social interactions are increasingly important in the context of infertility treatment. The proposed concept is an essential element describing the functioning of persons experiencing an infertility crisis.

Practical Problems Of The Criminal Law Institute Arising During Exemption From Punishment On Parole In The Republic Of Armenia

The article is devoted to the expediency of further serving of punishment in the context of realization of the goals of punishment, the problems of the criminal law institution arising during the exemption from punishment on parole, the need to review the mechanism for reporting submitted by the competent authorities in the context of assessing the likelihood of proper behavior of the convicted person and the commission of a new crime. Considering that the Government of the Republic of Armenia has adopted a strategy for reforming the penal enforcement system, which, among other things, also represents a transition from the traditional ideology of deprivation of liberty to resocialization and restorative justice, therefore, aimed at achieving this goal, should be more substantive. The Criminal Code of the Republic of Armenia (adopted on May 5, 2021) and the Criminal Code of the Republic of Armenia (adopted on April 18, 2003 and in force starting from July 1, 2022) have a certain difference in terms of the goals of punishment in the context of the re-socialization of a person who has been punished; however, the measures aimed at achieving the goals of punishment are identical, since such measures should be aimed at ensuring the safety of society, restoring social justice to victims, and by resocialization providing convicts with the opportunity to abandon criminal behavior. The article presented the problems identified in law enforcement practice by the competent authorities in the process of compiling reports on the exemption from punishment on parole, proposals for their solution, which will make it possible to form a more complete and comprehensive picture of the personality of the convicted person, the behavior shown by him in the process of serving a sentence, the absence of the need to serve the remainder of the sentence, standing in the way of correction, the probability of behavior subordinate to the law and the realization of the goals of punishment.

Обоснование применения метода «садовой терапии» для коррекции и профилактики девиантного поведения

The problems of correction and prevention of deviant behaviour are one of the main issues and challenges for modern society. Such deviant behaviour as aggression, drug addiction, crime, sexual deviation and other antisocial manifestations has a negative impact on various spheres of people's lives, including family, education, work and society as a whole. Various pharmaceutical and non-pharmaceutical approaches are examined to manage or reduce deviant behaviour.
 The purpose of this research, based on our own findings, as well as on a number of results of national and foreign experience, is to substantiate the possibility of wider application of "Horticultural therapy" as an interdisciplinary non-pharmacological method of correction and prevention of deviant behaviour.
 The authors based their research on the methods of interdisciplinary studies at the intersection of biology, botany, social sciences and psychology, as well as on the study of the experience of "Horticultural therapy" in more than 200 botanical gardens and their analogues in 32 countries of the world, the practice of application to children and adolescents requiring special methods of upbringing, as well as convicted persons detained in the institutions of the Federal Service for the Execution of Punishments.
 Research results and practical experience revealed that "Horticultural therapy" as a non-pharmacological method has a significant potential in working with persons with deviant behaviour. Its applicability is due to the fact that regular participation in special horticultural sessions contributes to the development of skills to overcome stress, cope with life challenges, strengthens self-regulation and self-control skills, develops patience, diligence and constancy. This enables participants to develop disciplined and responsible behaviour, communication skills and abilities to cooperate, skills of constructive social interaction. The possibility of applying "Horticultural therapy" for people with special causes of deviant behaviour, including participants and veterans of war, and members of their families, is substantiated.
 The authors make a conclusion about the perspectives and possibility of its use for adaptation and rehabilitation of this category of persons, who are assisted in finding positive and healthy ways to cope with post-traumatic and life challenges.

The process of reacquiring new vocalization in total laryngectomy patients with head and neck cancer: A qualitative study

ObjectiveSpeech rehabilitation significantly contributes to the enhanced quality of life for patients who have undergone laryngectomy due to head and neck cancer. The initiation of tracheoesophageal speech early in the rehabilitation process has been associated with improved speech quality. Despite this, voice changes can carry a stigma due to communication challenges, even after successful voice restoration, potentially limiting the overall improvement in quality of life. Thus, our aim was to gain a profound understanding of the transition process from the selection to the adaptation of tracheoesophageal speech in patients with head and neck cancer. MethodsParticipants, who had undergone laryngectomy for head and neck cancer, were recruited from peer support groups in Japan, resulting in the identification of thirteen tracheoesophageal speakers. The data were analyzed using grounded theory methodology, incorporating open, axial, and selective coding. Semi-structured interviews delved into tracheoesophageal speakers' perceptions of their voices and the adaptive strategies employed for their preferred alternative communication methods. ResultsDuring the adaptation process, participants underscored the importance of communicating with their own voices. However, they also experienced anxiety about losing their natural voice, confronted the reality of living without a voice, and coped with their new voice. Eventually, participants came to recognize the changed voice as their own. ConclusionsThe personal conviction associated with the notion of “communicating with one's own voice” is integral to the adaptation process for patients with head and neck cancer who undergo laryngectomies and utilize tracheoesophageal speech. Some aspects of tracheoesophageal speech can evoke feelings of hopelessness, emphasizing the importance of comprehensive support for professional speech rehabilitation.

CONTACTS OF PERSONS SERVING A PRISON SENTENCE WITH THEIR FAMILY AND OTHER RELATIVES

Background: Contacts between convicted persons and their family as well as other relatives is an important issue in the area of penitentiary policy. It is believed that such contacts reduce the discomfort of imprisonment and that they are a prerequisite for successful social rehabilitation and re-adaptation.Aim: The aim of the article is to present the results of the research on who prisoners contact from among their own family and in what forms.Methodology - The material for the research comes from own-made questionnaires completed by 345 people serving a sentence of imprisonment in one of four prisons in Poland. Results - It was established that convicted persons have contact (usually by telephone) especially with the following types of sources: mother, friend outside the prison, sisters and brothers. After taking into account all contacts with children, stepchildren, sisters, brothers and friends (each respondent could have several), the order of contact sources changed and was as follows: partner (male or female), mother, stepchildren. Attention was drawn to the low percentage of inmates contacting their own children. Conclusions - Maintaining and developing contacts of convicted persons with their family members and relatives should be a central element of penitentiary policy. Relatives who are known to be the main source of contact should be recruited as allies, who can help with penitentiary work.

Healthcare Workers in Conflict: Challenges and Choices.

'War is definitely hell on earth'. All too often, we hope the hell will be short-lived, over in a few days, and yet, as we know from experience, hell can go on and on and on. For healthcare workers who provide care to victims of conflict, the work raises many ethical dilemmas. The stories showcased in this edition of NIB share the experiences of a handful of brave individuals and how they navigated their professional ethical obligations as well as their personal convictions during times of conflict. Adeptly portrayed are various approaches to ethical dilemmas, such as adhering to the ethical imperative of medical impartiality, the limits of professional and personal responsibility, coping with moral distress, and the power of humanity, evident through the collective efforts of strangers to help others. This commentary reflects on the ethical grey zones of being a healthcare provider in conflict, as there is no single right way of fulfilling professional obligations, each context being different. As several stories highlight, whilst stressful, the solidarity and comradery of working in a healthcare team can provide great support, purpose, and motivation.

Basics of improving special protection for convicted persons – critical remarks

The article treats about problem of special protection which is dedicated to convict taking part in criminal proceedings as witness, suspect, accused or aggrieved and due to this position there exists serious threat or immediate concern of serious threat to his life or health. Such kind of protection is connected with fact that the person covered by it, may be attacked or threatened by others who are afraid of being in worse position in leading criminal cases or beig accused of any offence. The analyzes performed in the text prove that regulation of article 88d of Polish Executive Penal Code is complicated, leads to unequal treatment of convicts and basically duplicates the existing regulations in convict’s protection. It is proposed to remove the article 88d from Polish Executive Penal Code.

Leading practices of development of probation service

Relevance. Criminal punishment is a legal consequence of the committed crime. The probation institute exists as an alternative to imprisonment and is aimed at the rehabilitation and correction of offenders, the prevention of crimes, and the provision of social assistance to convicts.Purpose. The purpose of the study is to identify the main directions in world practice that exist in the field of re-education of convicts and the prevention of relapse in the future. The tasks of the study should include the study of the features of the organizational and legal activities of the probation service and their employees, the practice of preventing such crimes in different countries, as well as familiarization with the main means of overcoming such problems in the process of law enforcement.Methodology. The main methods of scientific research were analysis and synthesis, with the help of which different methods and approaches were identified in resolving the issue of reforming convicts and analysing new approaches to convicted persons who committed various crimes and belong to different segments of the population.Results. As a result of the study, an analysis was made of international practice regarding the rehabilitation and correction of people who are serving a suspended sentence, as well as the correctional system, in particular, penitentiary probation in different countries. Familiarization with various methods, tools, rehabilitation programs, experiments in the field of corrective justice was carried out. Based on the fundamental documents that regulate the processes of parole, the opinions of legal scholars concluded that the humanization of criminal processes has a positive result not only for those convicted of crimes, but also for the welfare of society as a whole. A comparison was made between the use of imprisonment and parole. An analysis of the criteria for the correction of convicts was carried out, taking into account their age, gender, and social status.Conclusions. Based on the results of the analysis, an assessment was made of the factors that influence the degree of reduction in the social danger of a probationer, as well as the prevention of recidivism. Based on the results of this study, new approaches and methods were proposed for the introduction of probation officers into the correctional service, including non-traditional ones, such as victimization, and mediation.

Role of Eyewitness Testimony in Criminal Trials

The role of eyewitness in the justice delivery system is important, but many times it leads to wrongful convictions of innocent persons who knows nothing or were not present at the crime scene, or maybe a passerby, or is in no way related to the offense committed. As an eyewitness, he or she is supposed to foresee the applicability of the testimony to be delivered if it will be useful for the conviction of the right person or that of the accused. An eyewitness can also be misleading and mistake something for another, especially when the probability of foreseeing the offender is not clear and precise.

Perceptions Regarding Formed Sexual Identities among Secondary School Students in Ubungo District

This study sought to investigate students’ and teachers’ perceptions regarding formed sexual identities among secondary school students in Ubungo District. Specifically, the study was guided by two objectives that sought to: determine the ways used to identify sexual identities and examine the reasons for accepting a particular sexual identity among secondary school students. Mixed research approach and convergent research design were employed to collect quantitative and qualitative data through questionnaires and interviews. Purposive and stratified sampling were also used to obtain a representative sample of 20 professional teachers and 232 adolescent students from selected schools. The obtained qualitative data were subjected to thematic analysis and presented in quotes of respondents’ voices; while the quantitative ones were subjected to descriptive analysis that indicate frequencies and percentage and presented in tables. The findings indicate that students and teachers perceive formed sexual identities as sexual labels that are formed through comparing themselves with friends/same-sex peers, self-evaluation based on physical appearance and sexual feelings, adherence to the advice and sexual information obtained from parents/guardians and moralists like elders/religious leaders, or through searching certain sexual identity contents via social media accounts. Also, they are formed due to personal conviction toward homosexuality/bisexuality, addiction to same-sex sexual intercourse, obtained parental advice and sexual information, adherence to the natural law of sex, diminished sexual desire/arousal, moral and religious acceptability, early childhood experiences, and issues related to impotence. Therefore, it is recommended that parents/guardians and teachers should continue to advise adolescent students on matters of sexuality and prepare programs that will enrich students with possible ways to overcome identity confusions and appropriately recognize their identities.

The application of conditional release before the term - reaction to the criminal phenomenon

Conditional release from punishment before the term is an alternative to detention for the convicted person, if he is flexible to follow the path of correction and re-education, thus being examined in this sense by the employees of the penitentiary institution in whose custody the convict is held , before going to court. This existing extrajudicial way and the grounds for conditional release, are beneficial both for making a qualification in the sense of meeting the conditions for the possible conditional release of the convicted and, considering the predominant volume in the increase in the number of files brought to the table in the cases concerning detainees in the courts of national judgment, an easing of the judge’s work. At the same time, the preliminary examination of the convict’s personality should be carried out from the beginning of the execution of the custodial sentence, in order not to admit the proposal for the conditional release of the sentence before the term of a convict who in fact does not meet the conditions provided by the law.

Information technologies and their impact on the educational process of convicted persons

This research article examines the important role of information technology (IT) in the education system of inmates in penitentiary institutions. Modern education, in accordance with the challenges of modern society, seeks to use IT to improve educational methods and increase the accessibility of education. The authors emphasize that IT allows to revise the traditional model of education, emphasizing the active role of inmate learners, supporting their personal development and motivation. The article analyzes key aspects of IT implementation in prison education, including the meaningful use of IT, consistency of learning activities, and unambiguity in their execution. Teachers play an important role in providing support and direction for IT-enabled learning. The integration of IT into prison education creates an information environment that enhances learning and helps inmates to adapt to changes in their lifestyle after serving their sentence. The use of IT provides access to educational resources and stimulates personal development, contributing to more successful rehabilitation and reintegration of inmates into society.

О деятельности комиссии по вопросам помилования Пермского края

The article highlights a relatively small practice concerning the activities of the Perm Krai Pardon commission. Goal – to summarize the results of the activities of the Perm Krai Pardon Commission. The work of the Perm Krai pardon Commission from 2018 to 2021 was reviewed. A tendency has been established to reduce the number of persons applying for clemency on the territory of Russia, which is due to the general orientation of criminal legislation towards humanization. In addition, it is proved that the President of the Russian Federation is not connected with the regional position determined by the commission on pardoning and the head of the subject of the Russian Federation regarding the expediency of applying a pardon to a convicted person.

Legislative perspectives of ensuring public control over the observance of the rights of convicts in Ukraine

The study conducted an analysis of the concept of public control over the observance of the rights of convicted persons in the field of enforcement of sentences and parole. On the basis of the use of general methods and reflective points of view, the definition of public control over the observance of the rights of convicted persons was formulated. In addition, the use of separate special scientific methods provides arguments for the expediency of making changes in the Criminal Executive Code of Ukraine, by enshrining in it a separate chapter that would regulate legal relations in the sphere of public control and on the sphere of observance of the rights and interests of convicted persons in places of punishment; as well as a separate article that would define the content, forms and types of public control over the functioning of bodies and institutions of execution of punishment and probation. It was concluded on the necessity of observance of the rights and legitimate interests of a person in the sphere of execution of punishment and probation, since, by their nature, they do not belong to public associations.

Parole and Early Release from Punishment: Problems of Improving Application Mechanisms in the Republic of Kazakhstan and Foreign Experience

Objective: The article provides a comparative study of the institution of parole in the Republic of Kazakhstan with current foreign legislation. The positive experience of the legislation on parole is outlined, conflicts and problems of the current legislation of the Republic of Kazakhstan on parole are identified, and recommendations are offered for further improvement of the institution of parole.
 
 Theoretical framework: During the study, statistical material presented on the website of the Prosecutor General's Office of the Republic of Kazakhstan, other scientific works on the presented topic, as well as foreign experience of other countries were studied
 
 Method: The following methods were used in the research process: system-theoretical and logical analysis of the problem; expert assessment of the relevant norms of national legislation and the practice of its application; constructive and critical analysis of conceptual approaches to reforming the institution of parole.
 
 Results and conclusion: Based on the current legislative acts of the Republic of Kazakhstan and foreign countries, as well as scientific literature, the article analyzes the conditions for the abolition of parole, on the basis of which proposals are made for the wording of Part 7 of Art. 72 of the Criminal Code of the Republic of Kazakhstan. Also, the practice of applying preventive measures by government, law enforcement agencies, and public groups does not always properly demonstrate their effectiveness. Therefore, from our point of view, the legislation should provide for measures to improve them. Which indicate the advisability of developing a large comprehensive plan for the reintegration of parolees into life in society, which relate to all spheres of life. And regarding the principle of work of district inspectors and probation inspectors, which is identical, de-bureaucratization effect.
 
 Originality and value: Issues related to the theory and practice of applying parole to convicted persons or the non-application of certain types of punishment to a certain category of persons are quite often discussed in the scientific literature both in Kazakhstan and in foreign countries. However, taking into account the changes made to Kazakhstan's regulatory legal acts (criminal, criminal procedural, criminal executive legislation, regulatory decisions of the Supreme Court of the Republic of Kazakhstan) on issues of parole, in our opinion, some rough edges are revealed that require resolution. At the same time, the practice of applying the institution of parole shows that there are still issues that are subject to additional legislative regulation in order to eliminate any doubts in the interpretation of the law, which indicates the relevance of their research. Since frequent changes in legislation have caused and continue to cause difficulties for individual courts in the correct application of the above regulations. For example, issues related to the revocation of parole, or the reversal of an application for parole. The latter is what happens most often in practice.

Alternative Sanctions and their Impact on Societal Security: A Field Study in the Directorate of Juveniles Reformatory in Baghdad

Crime is one of the most severe challenges facing States, and strives to find preventive measures, reduce its seriousness, and prevent them; due to developments, crimes have increased, and emerging new patterns of crimes, there is an urgent need to prevent crimes and reduce their effects. Modernizing its punitive system and diverting it to correctional rehabilitative justice to redress the prejudice caused by the crime and rehabilitate the convicted person by using alternative measures to short-term imprisonment. This research emphasizes alternative sanctions' value to minimizing short-term imprisonment penalties and their impact on societal security through several goals like, the negative consequences, justifications, and alternatives applied in Iraq, to identify their impact on societal security. The research was based on the analytical descriptive curriculum and the sample-style social survey. It was based on an intentional sample of (250) Research staff of the Directorate of Juvenile Reformatory in Baghdad to measure the role of alternative sanctions in the correctional aspect, statistically processed through the program (SPSS), one of our most important findings is that (92.33%) of researchers supported that alternative sanctions has a role to reduce overcrowding in correctional schools, and supported (91%) of researchers that they are prohibited from mixing with depositors, and that (90%) of researchers who supported that the application of the penalties would reduce the problems associated with the sentence of imprisonment, i.e., the researchers emphasized the importance of alternative sanctions to minimize the effects of the short-term imprisonment on the convicted person, his family, and his community.