Sentence Of Imprisonment Research Articles

Reformulation of the Application of Restorative Justice towards Narcotics Abusers Through

Drug abusers may be subjected to criminal sanctions based on the severity of the violation, while drug addicts are directed towards treatment and rehabilitation through government-organized rehabilitation programs. The current criminal justice system predominantly adopts a punitive approach, necessitating a strategic criminal policy, particularly in addressing drug abuse offenses. This study seeks to identify the urgency of reformulating the application of restorative justice for drug abusers through rehabilitation, as well as to explore the reformulation of restorative justice implementation for drug abusers within Indonesia's law enforcement framework. The research methodology employed in this study is normative juridical. The findings underscore the critical need for the application of rehabilitation for drug abusers through a restorative justice approach, which is supported by various pressing factors, including those related to health, social welfare, and criminal policy. The reformulation of criminal penalties under Article 127 of Law Number 35 of 2009 on Narcotics is imperative, as it would foster consistency and integrity in the application of legal provisions to drug abusers, ensuring uniformity in legal standards. Such reformulation would provide all drug abusers with a structured and guaranteed opportunity for rehabilitation. Several strategic actions must be undertaken to optimize the implementation of this policy, including the urgent reformulation of Article 127 of Law Number 35 of 2009 on Narcotics to address discrepancies in the inconsistent application of imprisonment sentences.

The Release of Convicts from Imprisonment for their Participation in Military Actions

The paper analyzes the problem of discrediting the institution of pardon through the mass release of convicts from criminal liability (from serving a sentence of imprisonment) to participate in military operations and the risks of unfavorable development of the criminal situation created as a result of this practice. There is a need for proper legal regulation of the exemption from criminal liability of persons for their participation in military activities. The point of view is defended that it is more preferable to adjust the provisions of criminal law institutions (postponement of serving a sentence or parole), rather than the constitutional and legal (primarily) institution of pardon. It is indicated that it is possible to reduce the risk of recidivism by fixing some restrictions on the application of the rules on exemption from liability for convicted persons (for example, specifying specific articles, the conviction of which will prevent release, and/or regulating the actual serving of part of the sentence differentially, depending on the category of crime). It is noted that it is necessary to exclude the practice of releasing from punishment persons who have committed the most socially dangerous acts: murders with aggravating circumstances, intentional infliction of serious harm to health, rape or violent acts of a sexual nature (especially against minors), etc. It is recognized impossible to create a legal mechanism that makes it possible, on the one hand, to quickly reinforce the military with persons serving sentences in the form of imprisonment, and on the other hand, to exclude the possibility of their committing crimes both during military operations and after their termination.

КОНСТИТУЦИОННО-ПРАВОВЫЕ ОГРАНИЧЕНИЯ ИЗБИРАТЕЛЬНЫХ ПРАВ ГРАЖДАН, ОТБЫВАЮЩИХ НАКАЗАНИЯ В ВИДЕ ЛИШЕНИЯ СВОБОДЫ

The article discusses issues related to legal restrictions on the active electoral rights of citizens of the Russian Federation serving sentences of imprisonment, substantiates the position on the need for broader provision of active electoral rights to persons serving sentences of imprisonment.

О НЕКОТОРЫХ ПРОБЛЕМАХ РЕСОЦИАЛИЗАЦИИ УСЛОВНО-ДОСРОЧНО ОСВОБОЖДЕННЫХ

The article touches upon problematic issues of resocialization of convicts released on parole. The importance of this process is revealed and specific measures aimed at its implementation are given. Taking into account the psychological complexity of serving a sentence of imprisonment, the author reveals in detail what difficulties a convicted person may encounter upon release. The article notes that the issues of obtaining education, employment, material support and maintaining connections with relatives are currently key in the resocialization of convicts. The author considers control over those released on parole as the most important factor in resocialization and focuses on the gaps in legislation that create difficulties in its implementation. In conclusion, options for solutions to the problems under consideration are given.

Legal Status of Convicted Persons

The legal status of persons serving a sentence of imprisonment is the most understudied topic in domestic legal science. Since in its content the legal status of convicts is the most complex system covering various branches of law. A more detailed study of the conceptual categories of legal status allows us to reveal the most meaningful aspects of the legal status of convicts. The article attempts to characterize the most essential features of the legal status of persons serving a sentence.

Prison places, foreign prisoners and the Danish welfare state: Towards a conceptualization of prison space as a welfare resource

In December 2021, the government of Denmark entered into a rental agreement with Kosovo whereby 300 non-EU foreign nationals convicted by the Danish criminal justice system would be sent to Kosovo to serve their sentence of imprisonment and await their subsequent deportation. Based on an analysis of the wording of the Agreements on the finances of the Danish Prison Service, the article argues that a conceptualization of prison space as a welfare state's scarce resource makes it possible to explain such rental agreement through the theories of welfare and penal nationalism. In doing so, the article contributes to the growing body of literature that exposes the inherently dual harsh-but-mild nature of the penal regimes of Nordic welfare states. The article concludes with a brief outline of the future challenges that can potentially arise once the Denmark–Kosovo rental agreement enters into force.

Practices in the Field of Disciplinary Liability of Convicts While Serving a Sentence of Imprisonment: Analysis of International Experience

The article examines the issue of international experience of disciplinary liability of persons sentenced to imprisonment on the example of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the European Prison Rules and other international acts, and also examines the experience of individual countries. The purpose of the study is to identify the main standards and "good practices" of applying disciplinary sanctions to persons sentenced to imprisonment. The relevance of the study is stipulated by the need to implement international standards in the penitentiary system of Azerbaijan, taking into account the latest monitoring data on the practice of applying disciplinary sanctions to prisoners. The study was carried out within the framework of comparative penology using the methodology of an integrated interdisciplinary approach to the issue under study. Based on the results of the study, the author identified the main prohibited practices: corporal punishment, placement in an unlit cell, deprivation or restriction of food and drink, forced labour, collective punishment of prisoners, any cruel, inhuman or degrading treatment; and permitted practices: warnings, reprimands, telephone access, prohibition of short-term visits, prohibition of shopping, prohibition of receiving parcels and correspondence, solitary confinement or solitary confinement as a last resort. The author also emphasises the rights of prisoners to information on the rules of conduct in the penitentiary institution, to participate in a disciplinary hearing and to appeal against a decision to impose a disciplinary sanction, which constitutes the scientific novelty of the study and areas for further research.

APPLICATION OF CONDITIONAL AND EARLY RELEASE FROM SERVING A PUNISHMENT IN THE REPUBLIC OF KAZAKHSTAN: COLLISIONS OF THE CONSTITUTION AND CRIMINAL LAW

This study is devoted to the problems of inconsistency and contradictions that exist between the provisions of the Constitution of the Republic of Kazakhstan, international legal acts of the UN in the field of treatment of convicted persons and national criminal legislation in terms of the tools for using the institution of parole from serving a sentence. It is rightly stated that this institution is one of the means of criminal law encouragement and stimulation of socially acceptable behavior of convicts, contributing to the achievement of the goals of punishment. In this regard, certain aspects of the normative design of parole in the current Criminal Code of the Republic of Kazakhstan and in the Criminal Code of the Republic of Kazakhstan of 1997 are touched upon. The author of the study focuses on the application of parole to persons serving a sentence of life imprisonment. In connection with this, the key subject of the study was to assess the validity of such a legal restriction as deprivation of the right to parole of convicts who had previously been sentenced to death by pardon and were replaced by life imprisonment. Based on this, the study examines the features of the content of the death penalty and highlights the prerequisites for excluding this punishment from the national legislation of the Republic of Kazakhstan. The author rightly points out that such a humane manifestation of the criminal policy of the Kazakh state is contradicted by the preservation in the criminal legislation of the Republic of Kazakhstan of the legal impossibility of parole for convicts who have become recipients of life imprisonment as a replacement for the death penalty. Analyzing this issue, the author comes to the conclusion that it is unconstitutional to deprive convicts of the right to parole for whom life imprisonment was the result of replacing the death penalty. Along with this, the inconsistency of this legal restriction with international human rights standards is shown and the need to overcome such a conflict of criminal law is substantiated.

The Perception of Sources of SelfEfficacy and the Intensity of the Dimensions of Attitude Towards Functioning in Conditions of Freedom in Individuals Serving a Sentence of Imprisonment

The Perception of Sources of SelfEfficacy and the Intensity of the Dimensions of Attitude Towards Functioning in Conditions of Freedom in Individuals Serving a Sentence of Imprisonment

Consideration of socially significant personality traits of a convicted person in the organization of the process of penitentiary prevention

The problem of the recidivism of punishment in the form of imprisonment, traditionally refers to the most pressing problems of social science. This is due to the fact that being isolated from society, the convict is forced to integrate into the social education that has been formed in places of deprivation of liberty. The specific relationships that exist among convicts in the penitentiary society also leave a certain imprint on the nature of those relationships that are considered acceptable in this environment. The administration of correctional institutions is forced to take into account the system of informal relations that has developed among convicts in order to implement penitentiary practices necessary for the correction of convicts. For many decades, a system of qualitative assessment of the personality of convicts serving sentences of imprisonment has been formed. The article notes that there is a rather unhealthy practice of focusing on the criminal characteristics of the convict's personality, which began to influence the shift in emphasis in the application of penitentiary practices from correction to punishment. This is most clearly seen in the institute of preventive accounting used in correctional institutions. The Administration is making efforts to identify negative personality traits in convicts in order to use them in determining priorities in the application of penitentiary practices. The authors propose to consider such an approach as hindering the effective use of penitentiary prevention. As a result, the article proposes to shift the focus in the activities of the correctional institution administration to socially significant personality traits of the convicted person in order to correctly determine priorities in the process of penitentiary prevention.

Guidelines for Implementing Imprisonment Sentences with Single Formulation (A Critique of Book I of the National Criminal Code)

The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the formulations of single and alternative penalties for criminal acts in the provisions of the National Criminal Code. This paper aims to conduct a theoretical study on the formulation of the criminal system from the guidelines for implementing prison sentences with a single formulation contained in Book I of the National Criminal Code, as a general rule that applies to Book II of the National Criminal Code and criminal law out of the National Criminal Code. The results of the study show that the formulation of criminal application guidelines with a single formulation contained in the provisions of Article 57 of the National Criminal Code theoretically does not follow the rules of the criminal system as they should. The provisions of Article 57 are placed in the 3rd paragraph to regulate "Guidelines for the Implementation of Imprisonment Sentences with a Single Formulation and Alternative Formulations." Lawmakers no longer include guidelines for implementing prison sentences with a single formulation, as previously existed in the Draft of the National Criminal Code. The consequence of not regulating the guidelines for implementing prison sentences with a single formulation is that judges cannot make flexible choices in applying sentences that are in accordance with the objectives of the sentence.

PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TINDAK PIDANA TURUT SERTA PENCURIAN DALAM KEADAAN MEMBERATKAN YANG DILAKUKAN WANITA DI MALL BOEMI KEDATON

Abstract The brief definition of a thief is someone who commits acts of theft. The definition of thief in the legal dictionary is not written and explained clearly, but the legal dictionary explains the meaning of the word theft, namely taking someone else's property without permission or in an illegal way with the intention of possessing it unlawfully. Research methods used in this thesis research namely the normative juridical approach and the empirical approach. Criminal liability for perpetrators of criminal acts involving theft in aggravating circumstances committed by women based on Decision Number: 525/Pid.B/2020/Pn.Tjk, The defendants were legally and convincingly proven to have violated the provisions of Article 363 paragraph 1-4 of the Criminal Code Thus, the Panel of Judges handed down a sentence of imprisonment for 1 year. The basis for the judge's considerations in handing down a verdict against the perpetrator of the crime of theft in aggravating circumstances committed by a woman in Decision Number: 525/Pid.B/2020/Pn.Tjk was the defendant M and his colleagues. his partner had fulfilled the elements in Article 363 paragraph (1) 4th, apart from that the Panel of Judges also based on the aggravating circumstances, namely the defendant's actions were detrimental to PT Candra Sekawan Abadi and the defendant's actions disturbed the community, as well as mitigating circumstances the defendant was polite in court and the defendant admitted guilt and regret for his actions.

Pravo na povahu do pryvatnoho i simeinoho zhyttia dlia zasudzhenykh do dovichnoho pozbavlennia voli u svitli praktyky Yevropeiskoho sudu z prav liudyny shchodo Ukrainy: umovy pravomirnoho obmezhennia ta klasyfikatsiia porushen

Individuals sentenced to life imprisonment in Ukraine according to Articles 3, 30, 31, 32 of the Constitution of Ukraine, and Article 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and other international treaties, have the right to respect for their private and family life. The legislation of Ukraine regulating the regime of serving punishment by this category of convicts, in terms of providing opportunities for convicts to exercise this right, did not correspond to European standards in many aspects. Researchers have considered the Criminal Executive Code of Ukraine as the sole source of law, which comprehensively regulates the content and scope of rights of convicts in Ukraine, including respect for private and family life. Under the influence of demands addressed to Ukraine from the European Court of Human Rights, Ukraine's criminal and criminal-executive law changed, approaching European standards, but complete compliance has not been achieved yet. The realization of the right to respect for private and family life by individuals deprived of liberty, by the established practice of the European Court of Human Rights and recommendations provided by the Committee of Ministers of the Council of Europe in the European Prison Rules, is carried out through contacts with the outside world, encompassing a specific set of concrete opportunities. The right to establish and develop relationships with other people and the outside world is not absolute. It can be restricted according to the conditions of serving a sentence of life imprisonment. The European Court of Human Rights has developed an established practice in cases brought by individuals deprived of liberty. This practice includes legal positions reflected in decisions regarding other states and decisions concerning Ukraine. This concerns the delineation of the scope of Article 8 «Right to respect for private and family life» of the Convention for the Protection of Human Rights and Fundamental Freedoms with the spheres of action of its other articles, including Article 3 «Prohibition of torture». In addition, considered the legality of the conditions limiting the right to respect for private and family life within the regime framework of serving sentences by convicts and the types of violations of this right by states. In this article, this such practice is analysed and summarized.

Drivers of Indian pangolin (Manis crassicaudata) mortality in Central and Western Pakistan

Abstract The Indian pangolin (Manis crassicaudata) is the only member of the order Pholidota found in Pakistan. The current study was designed to compare the mortality rate and causes of mortality of Indian pangolin from eight districts, i.e., four from Khyber Pakhtunkhwa and four from Punjab, Pakistan during 2019–2022. Data were collected by using self-designed questionnaires (n = 340) and social media reports. Most of the data were collected from Facebook 53 %, followed by Instagram (22 %), WhatsApp (17 %), and OLX (10 %). Mean and standard deviation were computed for district-wise killing (mean ± SD 15.25 ± 10.21), season-wise killing (mean ± SD 30.50 ± 9.8), month wise killing (mean ± SD 10.38 ± 4.19) and area wise killing (mean ± SD 40.7 ± 17.6). The killing of 179 Indian pangolins was recorded in four districts of Khyber Pakhtunkhwa, while in Punjab 59 Indian pangolins were killed. According to interviewees, 33 % of the mortality of Indian pangolin was caused by illegal killing followed by human settlement (17 %), agricultural practices (13 %), mites and ticks (11 %), natural mortality (8 %), accidents (7 %), myth (6 %), and floods (5 %). District wildlife departments of Khyber Pakhtunkhwa and Punjab arrested many people (KPK n = 83, Punjab n = 57) during 2019–2022. The highest fines were imposed by the Chakwal Wildlife Department, i.e., 20,000–60,000 PKR along with 1–4 months of imprisonment sentences. Eight dead pangolins were recovered among those six were male (75 %) and two were female (25 %). Principal component analysis (PCA) showed that PC appears to be influenced the most by mites and ticks (MT), myth, natural mortality (NM) and “flood” given their strong loadings. PC2 was heavily influenced by killed for illegal trade (KFIT), accident, and agriculture practices (AP) due to their significant negative loadings. PC3 has NM and AP as the dominant variables, KFIT, also playing a role but in the opposite direction. PC4 showed strong influences from NM (negative) and flood (positive). We concluded that the illegal killing of Indian pangolin is very high. Conservation efforts are crucial to protect these unique and endangered creatures.

Legal Analysis of Rising Divorce Cases: Impact of COVID-19 in Bandar Lampung, Indonesia

Objective: This study aim to analyse the legal implications of increase in the divorce rate as a result of the Covid-19 pandemic at the Tanjungkarang Religious Court in Bandar Lampung, Indonesia. Additionally, the study seeks to identify the underlying factors that contributed to the occurrence of divorce at the Tanjungkarang Religious Court during the pandemic. Theoretical framework: Literature in this study was based on the phenomena that several regions in Indonesia have experienced an increase in the divorce rate as a result of the Covid-19 pandemic; the Tanjungkarang Religious Court in Bandar Lampung, Indonesia, is one example. From January to June 2020, the Tanjungkarang Religious Court in Bandar Lampung, Indonesia, documented 699 divorces amid the COVID-19 pandemic. Method: This study employs a qualitative methodology and conducts field research. In the interim, both primary and secondary data, acquired through field observation, documentation, and direct interviews, are included in the collected information. In order to facilitate the process of verifying the data, the researcher employed the triangulation method to ascertain its validity. Results and Conclusion: this study found that During the Covid-19 pandemic, the Tanjungkarang Bandar Lampung-Indonesia Religious Court witnessed a surge in divorce petitions. June brings the highest volume of divorce cases. Divorce filings experienced a surge during the months of April, May, and June, as well as throughout the shutdown period. Second, divorce cases during the Covid-19 pandemic were precipitated by a variety of factors, with economic factors ranking highest. According to report data from the Tanjungkarang Religious Court, the factors of physical disability, imprisonment sentence, and coerced marriage account for the smallest number of divorce cases. Implications of the research: In order to promote resilience and well-being among families amidst the uncertainties of the current pandemic, it is possible for policymakers, legal practitioners, and community stakeholders to acknowledge the difficulties presented by the disease and devise focused interventions to assist individuals navigating the process of marital dissolution. Originality/value: Studying how COVID-19 has affected divorce rates in particular areas, such as Bandar Lampung, Indonesia, could shed light on the ways in which the pandemic has impacted socioeconomic variables, legal frameworks, and family dynamics there. Policymakers, attorneys, and social service providers can be more informed about the difficulties that families may encounter in times of crisis by having a better understanding of these effects. This knowledge can also help to shape the creation of support networks and laws that deal with these problems. Such studies can also add to the body of knowledge in academia regarding how significant crises affect legal systems and family structures.

THE CONCEPT, PURPOSE AND OBJECTIVES OF THE EXECUTION OF PUNISHMENT OF THE IMPRISONMENT AGAINST MINORS

The article analyzes the concept of minors, the essence of imposing a sentence of imprisonment on minors, the legal status of minors, the concept of execution of the sentence of imprisonment, its goals and objectives, the principles of execution of punishment, the history of the establishment of educational colonies. Also, in the article, the author researches the opinions of scientists regarding the execution of the punishment of imprisonment against minors. In addition, the article provides recommendations aimed at effective execution of the sentence of imprisonment against minors.

Remission of sentences and the constitutionality of life imprisonment in Seychelles

Section 30 of the Seychelles Prisons Act provides that the sentences of all prisoners, except those sentenced to life imprisonment or convicted of drug-related offenses of an aggravated nature, can be remitted. Section 31 of the Prisons Act empowers the Superintendent of Prisons to grant a prisoner a license to be at large. Before 2021, Seychelles law was silent on the issue of whether a person sentenced to life imprisonment had to spend the rest of his/her life in prison. As a result, offenders sentenced to life imprisonment were released after serving between 15 and 20 years. Dissatisfied with this approach, the Court of Appeal held that life imprisonment should mean imprisonment for the remainder of the offender’s life. In 2021, the Criminal Procedure Code was amended to define life imprisonment as imprisonment for the remainder of the offender’s natural life. Article 60 of the Constitution empowers the President to commute any sentence. This implies that in theory, the President could invoke Article 60 to release offenders sentenced to life imprisonment. In this article, the author relies on, amongst other sources, jurisprudence from some African countries, the European Court of Human Rights, and international human rights bodies to argue that the sentence of life imprisonment as defined in Seychelles law is unconstitutional for violating the prisoner’s rights to human dignity and not to be subjected to inhuman and degrading treatment. The author also relies on the drafting history of Article 10(3) of the International Covenant on Civil and Political Rights to argue, inter alia, that life imprisonment without the possibility of release is contrary to Seychelles’ international human rights obligations.

ANALISIS YURIDIS TERHADAP PUTUSAN PERKARA TINDAK PIDANA PERKOSAAN NOMOR:205/Pid.B/2022/PN.BKN

The crime of rape is regulated in Article 285 of the Criminal Code, Chapter XIV concerning crimes against decency. The purpose of this research is to analyze the juridical judgment of the judge's decision and determine the basis of the Public Prosecutor in making criminal charges against the perpetrator of the crime of rape in case Number: 205/ Pid.B/ 2022/PN.Bkn. The type of research used in this research is normative juridical, while the nature of this research uses descriptive qualitative. The first research result in this research is that the sentence of imprisonment for 7 (seven) years in prison imposed by the Panel of Judges in Decision Number 205/Pid.B/2022/PN.BKN is correct, considering that this case is still an attempted rape taking into account Article 285 Criminal Code (KUHP) Juncto. Article 53 paragraph (1) of the Criminal Code (KUHP), the criminal decision handed down by the Panel of Judges can be reduced by one third, which means a maximum penalty of 7 (seven) years in prison, the second being the basis for the Public Prosecutor's demands regarding the charges. given with special subjective consideration, namely the public prosecutor's thoughts, feelings and assessment of the defendant, however, regarding the imposition of the punishment demanded by the public prosecutor against the defendant, it does not fulfill the sense of justice for the victim because the public prosecutor gave his demand for the defendant to be imprisoned for 5 (five) years in prison. Keyword: Juridical Analysis, Crime, Rape

К ВОПРОСУ О ЮРИДИЧЕСКОЙ ПРИРОДЕ УСЛОВНОГО ОСУЖДЕНИЯ В ОТНОШЕНИИ НЕСОВЕРШЕННОЛЕТНИХ К ЛИШЕНИЮ СВОБОДЫ

The article is devoted to the study of the legal nature of probation applied to minors. The institution of probation requires in-depth analysis not only from the point of view of criminal law, but also of penal enforcement law. The position is substantiated that, in order to improve the legal regulation and application of probation to minors, it is necessary to take into account the peculiarities of the legal status of a conditionally sentenced person to imprisonment, as well as to carry out high-quality work on monitoring the behavior of minors within the framework of executive probation. Conditional sentencing of minors to imprisonment is another measure of a criminal law nature, which allows them not to be isolated from society, retains the maximum amount and content of their rights and obligations, and acts as a conditional basis for release from the actual serving of a sentence of imprisonment in an educational colony.

'Dangerous' and 'Devious': Exploring judicial rationales when imposing discretionary sentences of life imprisonment.

'Dangerous' and 'Devious': Exploring judicial rationales when imposing discretionary sentences of life imprisonment.