Term Of Imprisonment Research Articles

MUTUAL RECOGNITION IN PRISON RULES AND PRE -TRIAL DETENTION AND DETENTION IN EU

The purpose of this study is to highlight the important aspects on the creation of a criminal justice section inside prisons, as well as the creation of minimum requirements for jail and detention settings and a uniform set of rights for all EU inmates. The Council of Europe believes that efforts should be taken to improve mutual trust and to more effectively implement the concept of mutual recognition in custody, as stated in the Stockholm Program, which calls for the Council to address detention and related concerns. Among the instruments of mutual recognition of terms of incarceration that may be affected we mention the European Arrest Warrant issued by the Council, the transfer of prisoners, the mutual recognition of alternative sanctions and judicial proceedings, and the European supervision order. Following the analysis and empirical research, the paper summarizes that without mutual trust in detention, the European Union's mutual recognition instruments affecting detention will not work properly, as one Member State is unwilling to recognize and implement a decision taken by the authorities of another Member State. Without greater efforts to improve detention conditions and promote alternatives to detention, it may be difficult to develop closer judicial cooperation between Member States.

Institute Of Conditional Early Release In The Republic Of Armenia

The article refers to the analysis of the institution of parole from the further serving of the sentence of persons sentenced to a certain term or life imprisonment in the Republic of Armenia, in particular, the current and previous legislative regulations, the changes made, their comparison, the problems arising in practice, as well as the possible new legislative changes for their solution. In the article, an attempt was made to outline in the most accessible and accessible way possible the legislative regulations regarding early release from punishment, one of the fundamental rights of persons sentenced to life imprisonment or a certain period of imprisonment, which is an important and integral part of the penal legislation during the formation of the new legal system after the achievement of independence in the Republic of Armenia, because in practice the majority of complaints among convicts relate to the problems arising in the process of their parole. An analysis was made of both the previously existing legal regulations and the new legal regulations that came into force on July 1, 2022, and their differences were also analyzed. The article also describes the legal positions expressed in precedent decisions of the RA Court of Cassation regarding the parole of persons sentenced to life imprisonment or a certain period of imprisonment, as well as the international practice regarding it. The current legislative regulations in the Republic of Armenia were compared with the international practice. Accordingly, the Order 336-L of the RA Minister of Justice of June 12, 2018, which is a cornerstone in the process of parole for persons sentenced to life or a certain term of imprisonment, needs to be amended and amended in terms of assessing and summarizing the standards of convicts.

중국 테러범죄 대응수단으로써 안치교육(安置敎育)의 의미와 개선방안

In order to effectively regulate terrorist crimes, China enacted the Anti-Terrorism Law in 2015,and Article 30 of the Law stipulates Rehousing education measures. Rehousing education is a preventive measure applied to offenders who have been sentenced to a term of imprisonment or longer for terrorism or extremism offences and are deemed to be dangerous before their sentences expire and they are released. The introduction of these measures not only signalled China's strong control stance on terrorist crimes, but also demonstrated a range of options for dealing with terrorist crimes in the new era. In addition, the nature of terrorist crimes has raised questions about the effectiveness of crime prevention through punishment, so it has accepted the idea that it is necessary to regulate terrorist crimes through criminal means other than punishment, which is a result of the current globally accepted criminal policy. However, at present, China does not provide for a superordinate concept of “security measure”, and the resulting of Rehousing educationn is also Insufficient clarity, thus giving rise to much debate. In addition, in terms of the formal conditions of application, the provisions of the law did not take into account the dangerousness of reoffending by the offender, and in terms of the substantive conditions of application, the law did not provide adequate criteria for dangerousness assessment. In particular, Rehousing education is provided for in the Anti-Terrorism Law, which is an administrative law, The assessment of dangerousness is not made at the time of conviction, but rather a separate post- conviction assessment by the court. In this way, Rehousing education is actually operating independently of the criminal justice system. The procedural provisions do not clearly stipulate the timing, duration and content of the dangerousness assessment. Considering all of these, indicate that China's current system of Rehousing education has many deficiencies, which violate the principle of constitutional clarity and risk unjustifiable violations of the human rights of the accused. In this context, this article advocates for the integration of Rehousing education into the criminal justice system by integrating it with the security measures currently provided for in the Criminal Code. It also attempts to improve the formal and substantive conditions of application and the procedural and enforcement regulations of the education by focusing on the problems, and exploration of the legal basis of the Rehousing education is clarity and justified.

Time Experiencing in Men Serving the Term of Imprisonment – a Semantic Differential Study

Abstract This paper proposes a semantic differential-based research method called Prison Time. The study with this tool was conducted on a group (N = 161) of men serving time in Polish prisons. The analysis revealed a two-factor structure accounting for 49.1% of the variance, with Cronbach’s alpha greater than 0.74. The Perceptual-Formal factor reflects formal aspects of perceiving time – pace, dynamics, and changeability. The Emotional-Valence factor captures both the emotional load and assessment related to experiencing imprisonment time. The measure is likely to be used by both academics and practitioners interested in assessing the subjective attitude to time as experienced in prison.

Official Statistics and Assessment of the State of the Fight against Crime in 2012–2022

Taking into account enormous importance of reliable initial criminological information for criminal policy, the paper examines the issue of reflecting an objective picture of the fight against crime in official statistics. Using the method of statistical analysis, the author examines: the number of registered crimes in Russia (2012–2022); reported cases of administrative offenses in courts of general jurisdiction (2012–2022); the number of convicts in Russia, the number of individuals with criminal history on record or with an outstanding conviction, their share in © Маслов В. А., 2024the total number of convicts, the structure and proportion of convicts in the context of committed crimes (2012– 2022); the number and proportion of convicted persons in correctional colonies for adults, depending on the age at the time of the crime, as well as taking into account the repetition of imprisonment (2012–2021); crimes of persons serving their sentences in educational colonies for minors (2012–2021). A number of the studied indicators are presented in the form of diagrams for clarity. Attention is paid to reducing the number of registered crimes while increasing appeals to the internal affairs bodies. The paper highlights as a matter of concern the fact of a consistently high proportion of grave and especially grave crimes in the crime structure, the fact of an increase in both short-term (up to 1 year) and long-term (over 10 years) terms of imprisonment of persons serving sentences in correctional colonies for adults. Attention is focused on the problems of a disproportionate decrease in the number of persons held in educational colonies for minors convicted of rape, an increase in the proportion of minors convicted of murder. In conclusion, the author provides a number of recommendations for the correct work with information relevant to the fight against crime, highlights the most important statistical trends, both positively and negatively characterizing the criminal situation in Russia.

Confidential Property of Corruption Convictions According to Law Number 20 of 2001 Concerning the Eradication of Criminal Acts of Corruption

The article entitled Confiscation of Assets of Corruption Convicts According to Law Number 20 of 2001 concerning the Eradication of Corruption Crimes with a problem formulation and research objectives: How to Confiscate the Assets of Corruption Convicts According to Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The approach method used is normative juridical research, and uses a statutory approach and a conceptual approach. Produce conclusions: In practice, the execution of decisions is often difficult for prosecutors to confiscate the assets of corruption convicts and the payment of replacement money as intended in the Anti-Corruption Eradication Law, so that there are often arrears in payments in efforts to recover State losses. One reason is that the court decisions are not detailed. The Supreme Court (MA) in many decisions only stated "imposing compensation in the amount of..." without including the duration (term) of subsidiary imprisonment as a way to force the defendant to return the money to the State.

An obstructed inguinal hernia with maldescended testis as content in an adult male: A case report

Abstract A long-standing direct inguinal hernia may manifest as an acute or subacute intestinal obstruction. An obstructed direct inguinal hernia with testis as content is extremely uncommon, and up to date, no such case has been reported. Direct inguinal hernias are much less common than indirect ones in terms of incarceration and even strangulation. Obstructed direct inguinal hernias requiring surgery are very rare. Such hernias are exceedingly challenging to diagnose clinically and are diagnosed intraoperatively. According to the literature, individuals with direct inguinal hernias on the left side are more likely to develop such sequelae. Herein, we report the case of a 26-year-old male who presented with an obstructed inguinal hernia of the left side with the testis as content, taking into consideration the rarity and possible consequences of such hernias.

Short-term detention in Austria

One of the main concerns of the 1975 Austrian criminal law reform was to largely avoid the execution of short prison sentences. Due to their predominant disadvantages, they were to be replaced with fines wherever possible, and the execution of short custodial sentences was to be suspended as a subsidiary measure. Under Section 37 of the Austrian Criminal Code, a short custodial sentence for an offence that carries a maximum term of imprisonment of ten years is to be replaced by a monetary penalty if the court deems it justifiable for preventive reasons.

The «right to hope» of a person sentenced to life imprisonment VS the right to the safety of society and the victim

Long terms of imprisonment, including life imprisonment, without a legal procedure for reducing the term of such punishment are not humane and contradict fundamental human rights as understood by the European Court of Human Rights. It was found that the practice of replacing life imprisonment with imprisonment under the amnesty procedure in Ukraine did not correspond to the positions of the European Court of Human Rights, in particular, because there was no clear legal mechanism for reviewing the decision on the imposition of life imprisonment after a certain period of time.
 According to the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Implementation of Decisions of the European Court of Human Rights» dated October 18, 2022 No. 2689-IX, amendments were made to Article 154 of the Criminal Enforcement Code of Ukraine. Pursuant to these changes, in accordance with Articles 81 and 82 of the Criminal Code of Ukraine, conditional early release from serving a sentence, replacement of a sentence of life imprisonment with a sentence of imprisonment for a certain period of time, or replacement of the unserved part of the sentence with a lighter one may be applied. After replacing life imprisonment with term imprisonment, the question of conditional early release from serving the sentence can be raised.
 It was established that the two-stage mechanism for revising life imprisonment of the Verkhovna Rada of Ukraine corresponds to the practice of the European Court of Human Rights and constitutional provisions, because it ensures a person’s «right to hope» after a certain period of time.
 At the same time, there remains the question of the actual involvement of the victim in this process, the provision of a real opportunity to influence and participate in the process of revising life imprisonment and compensation for damages, as well as ensuring the safety of the society. In addition, it is necessary to ensure the real reintegration of such a person into society.
 The proposals should also be accompanied by changes to the Criminal Procedure Code, as well as the Criminal Executive Code of Ukraine.

Advantages and disadvantages of long-term penalties – considerations in connection with the removal of the penalty of 25 years of imprisonment from the Penal Code

In 2022, another attempt at a comprehensive amendment of the Penal Code was submitted to the Sejm. One of the proposed changes is the elimination of the penalty of 25 years imprisonment and its replacement with a term imprisonment with an extended upper limit from 15 to 30 years. This project is an opportunity to conduct an in-depth analysis of the sentence of 25 years imprisonment, paying particular attention to its advantages and disadvantages. It is also a chance for a comprehensive assessment of long-term imprisonment from the perspective of the function of criminal punishment and the principle of proportionality, which is a new element in Polish literature in this field. The author hypothesizes that neither leaving the penalty of 25 years imprisonment nor extending the term of imprisonment to 30 years is a correct solution from the point of view of the functions and principles of criminal law. Then he tries to prove its validity, using research methods adopted in jurisprudence: formal and dogmatic analysis of legal provisions, as well as a critical review of literature and judgements.The conducted research confirmed the hypothesis. In the author's opinion, long-term imprisonment may be negatively assessed from the perspective of the constitutional principle of proportionality. Instead of announcing postulates that provide for an increase in punitive criminal law by introducing more repressive penalties, it is worth considering taking the opposite actions, aimed at easing penal repression and focusing on effective resocialization. According to the author, the article may be a contribution to a discussion on changes in criminal policy, thus contributing to the development of criminal law and executive criminal law.

Exacerbating inequality over the life-course: examining race differences in the reciprocal effects between incarceration and income

Abstract Relative to Whites, Blacks face lower odds of gaining employment with notable wages while also facing longer terms of incarceration when sent to jail or prison for criminal offenses. Although a variety of factors contribute to these patterns, the time a Black individual spends incarcerated could decrease future earnings, whereas lower earnings could increase the time spent incarcerated. Nevertheless, prior research has yet to consider—or evaluate—the reciprocal association between income and incarceration, limiting our ability to discern how involvement in the criminal justice system contributes to the racial gap in income between Black and Whites. Using the National Longitudinal Survey of Youth 1997, the current study evaluated the influence of time spent incarcerated and income on future time spent incarcerated and income of Blacks and Whites. A lagged Latent Curve Model with Structured Residuals was estimated to examine the between- and within-individual reciprocal effects of months incarcerated and income. The findings suggested that a 1 month increase in time spent incarcerated for Blacks resulted in a 300–600 dollar decrease in income during the subsequent measurement period, an effect that was not observed for Whites. It appears that time spent incarcerated reduces future earnings for justice-involved Blacks. Overall, findings suggest that the criminal justice system contributes to the income gap that exists more generally between Blacks and Whites in the United States.

International Criminal Law and Customary Law for Punishment of the Perpetrators of International Crimes in South Sudan

AbstractThe article examines how to address the report of the African Union Commission of Inquiry on South Sudan, which accuses the Government of South Sudan and the rebels of committing “crimes against humanity” and violating “international humanitarian law” in the war of December 2013. The Commission recommends “an Africa-led, Africa-owned, Africa-resourced legal mechanism, under the aegis of the African Union and with support from the United Nations, to bring those with the greatest responsibility at the highest level to accountability” in a court. Second, the Agreement on the Resolution of the Conflict in the Republic of South Sudan asked for establishing a hybrid court in South Sudan to investigate and prosecute the perpetrators of “genocide, crimes against humanity and war crimes”. The Cabinet of South Sudan approved, in its resolution on 29 January 2021, the establishment of the court. On the other hand, the Government of South Sudan rejected accountability for the perpetrators of international crimes in its resolution at the Transition Justice Conference and recommended “amnesty” for those admitting the commission of international crimes in Juba, Malakal, Bor and Bentiu. The research findings show that amnesty threatens peace and security because customary law rejects amnesty. Its implementation generates systematic vengeance from the clan of those killed. The research recommends the establishment of a hybrid court that adopts the complementarity principle in compatibility with the African customary law of blood compensation. The authoritative national criminal courts in South Sudan omit capital punishment on the grounds that (a) killer(s) pay(s) blood compensation, apok or cot, to the survivors of (a) killed person(s) with 51 cattle. The payment changes the penalties of life imprisonment, which international criminal law imposes on the perpetrators of international crimes and the death penalty, which African criminal law imposes on the confirmed killer(s). Finally, the tribunal imposes 10-year terms of imprisonment on the confirmed perpetrators of international crimes.

PREVENTIVE MEASURES OF PROBATION REGARDING JUVENILE OFFENDERS

Juvenile justice is increasingly perceived as a system of preventing the causes of juvenile crime in Ukrainian society. This leads to the modernization of the system of crime prevention among children. Many options were proposed to improve domestic preventive measures based on a critical analysis of the preventive components of juvenile delinquency prevention. The main task of this article is to highlight the problems of the probation service and to consider and analyze the preventive measures of probation for juvenile offenders. According to the Law of Ukraine "On Probation" probation is a system of supervisory and social-educational measures applied by a court decision and in accordance with the law to convicts, execution of certain types of criminal punishments not related to deprivation of liberty, and providing the court with information, which characterizes the accused. The purpose of probation is to ensure public safety by correcting offenders, preventing them from re-offending, and providing the court with information about the characteristics of the accused in order to determine their level of responsibility. The main principles of probation: justice, legality, the inevitability of punishment, respect for the rights and freedoms of citizens, respect for human dignity, equality before the law, confidentiality, impartiality, cooperation and interaction of state and local self-government bodies. Therefore, the probation system should be part of the juvenile justice system, as a set of measures that can be applied to a person found guilty, if he is sentenced to a certain term of imprisonment or other responsibility, in order to establish certain limits and obligations regarding the offender for the purpose of social rehabilitation. Therefore, the probation system should be a part of the juvenile justice system as a set of measures that are applied to a person found guilty by the courts of committing a crime. In recent years, the state authorities of Ukraine, scientists and individual public organizations have taken serious steps towards the implementation of state policy in the field of criminal-executive relations. In this area, many normative legal acts and legislative initiatives have been adopted. Several draft laws on the humanization of criminal law have been submitted to the Verkhovna Rada, including through the introduction of probation. The results of the research show that the complexity of the resocialization process requires special knowledge of psychology and social work from probation officers.

Legal responsibility for animal cruelty: EU and Ukraine practice

The paper examines the issue of legal responsibility for animal cruelty in Ukraine and EU member states. The main acts of domestic legislation, which specialize in the protection of animals from cruel treatment, have been identified. It has been established that the EU member states have implemented a significant number of legal acts that allow the protection of animals at the legislative level. In all European countries, abuse of animals is considered a crime and is punishable by a fine or even imprisonment. The legislation of Italy, Norway, Greece and France was analyzed. It has been established that in Italy the term of imprisonment ranges from 3 to 18 months, and the fine that the animal abuser will have to pay can reach 30,000 euros. Norway is also worthy of attention, where the penalty is imprisonment for up to 1 year, the imposition of a fine with confiscation of the animal. In Greece, animal cruelty is subject to administrative and criminal liability. Administrative responsibility can reach 30,000 thousand euros. Criminal liability consists of imprisonment for up to 10 years and fines from 30,000 to 50,000 euros. In France, criminal liability is provided in the form of imprisonment for up to 5 years and a fine of up to 75,000 thousand euros. Based on the analysis of the legislation of European countries, changes to the domestic legislation are proposed, namely, it is worth borrowing foreign experience and in case of cruel treatment of animals, in addition to the prescribed confiscation of the animal, establish a ban on their further keeping. In addition, a global problem in the area of prosecution is the low public awareness of legal responsibility for animal cruelty, so one of the important measures is the implementation of legal education measures regarding administrative and criminal norms that provide for responsibility and the degree of punishment for the specified offense.

Правова природа праці засуджених, її цілі, завдання та особливості регулювання

This article will examine the legal nature and highlight the problematic issues of involving convicts serving a term of imprisonment in socially useful work. The goals and tasks of socially useful work as a means of correction and resocialization of such convicts are disclosed. The article formulates proposals for improving the current criminal law enforcement in terms of legal regulation of the application of community service to convicts serving prison terms. In the work, the author drew attention to the fact that one of the important components of the normal functioning of any socie. Work is the primary basis and necessary condition for the life of people and societies. Work primarily shapes a person, educates his will and character traits. It should be noted that work is not only a means of biological development of a person, but also a tool for continuous development, formation of personal needs, contributes to the growth of his abilities, skills and the ability to use them. The author believes that it is necessary for the state to provide adequate material and financial support for penal institutions, to provide convicts with the opportunity to choose the desired field of activity, in accordance with their specialty and wishes, to ensure the appropriate level of remuneration and to create the necessary conditions for it. All this will contribute to the convict's positive attitude towards work, his own desire to engage in it in order to return to society as a full-fledged member of it. Taking into account the main provisions about the role of work in the development of society and the formation of human consciousness, it is one of the main means of correction and resocialization of convicts.

COVID-19 Vaccine: A Right or Privilege for Nigerian Prison Inmates

Citizens are members of a particular country who, because of birth, registration, or application, are entitled to enjoy certain basic rights and privileges. Discrimination by reason of age, ethnicity, religious background, or liberty of any person should not be entertained at any level; hence, every citizen is to be treated equally in terms of the enjoyment of basic rights and privileges. The most important fundamental right to be enjoyed by a citizen is the right to life, mainly because a person needs to be alive to enjoy other rights and privileges as contained in the constitution. However, the right to life is not limited to the right not to take a person’s life, and rather it expands to the right to enjoy unhindered access to resources that will ensure good physical and mental well–being. Unfortunately, some countries are unable to ensure the enjoyment of these rights by all their citizens. In a bid to manage the limited resources, some persons are being discriminated against, one of which is inmates who are incarcerated and serving an imprisonment term. This act of discrimination was evidenced in 2020 during the COVID–19 pandemic when immediate preventive measures were taken across the country to curb the spread of the virus. It became a cause of concern whether inmates in correctional centres were equally carried along on these measures. This article will discuss the right to life of prisoners in Nigerian correctional centres as it relates to their unhindered right to health. Using the doctrinal and empirical method, this paper will identify the local and international instruments that provide for the enjoyment of the right to health of inmates, and particularly whether inmates were discriminated against in the exercise of the various preventive measures taken during the pandemic.

Impersonation Of A Legal Practitioner In Nigeria: Is The Law Adequate?

Impersonation is one of the greatest challenges bedevilling the legal profession in Nigeria. In recent times, some persons were arrested, tried, convicted and punished either by sentence to certain terms of imprisonment or an option of a fine for the offence of impersonation of legal practitioner. The ugly trend is on the increase rapidly in spite of the many efforts aimed at containing it. The conviction and the attendant penalty ordinarily supposed to serve as a deterrent, but the reverse is the case in Nigeria. This article aimed at examining the growing trend of impersonation of legal practitioners and the possible reasons behind it in Nigeria. The paper adopted and employed doctrinal research methodology to collate data. It was found that one of the major reasons for the rapid increase in the impersonation of legal practitioners is the inadequacy of the law in this regard, particularly with respect to punishment. For instance, by virtue of section 22 (1) of the Legal Practitioner Act, the maximum term of imprisonment that may be imposed on a person found guilty of impersonation is two years or a fine of two hundred naira. It is against this backdrop that this paper recommended that the Legal Practitioner Act should be amended to provide stricter and tougher sanctions like 10 years minimum terms of imprisonment, fine of five million naira among others. This will serve as a deterrent and reduce to the barest minimum the incidence of impersonation of legal practitioners in Nigeria.

Problematyka dozoru ochronnego nad warunkowo skazanymi w polskim prawie karnym

Problematyka dozoru ochronnego nad warunkowo skazanymi w polskim prawie karnym

Thoughts Beyond Stigma-Implications for Change Reflected in the Voices of Previously Incarcerated Citizens

State and federal prisons release more than six hundred thousand people annually, with nearly 95% of those returning to the communities in which they resided before incarceration, albeit frequently with discomfort and marginalization, largely due to stigma (Alexander, 2020; Park & Tietjen, 2021). Programs to foster reintegration exist in almost every locale, yet recidivism remains due to many factors. Stigma has received much attention as a cause of failure for successful reentry and acclimation (Park & Tietjen, 2021). With the surge of interest and empirical study of stigma as a barrier, the voices of returning citizens can further enhance significant theory and knowledge related to stigma to inform successful reentry and adjustment. The purpose of this study was to advance theory regarding the nature of stigma from the perspectives of prior incarcerated informants who also spent varying lengths of time back in their communities after completing a term of incarceration. As is often characteristic of a mixed method study relying on abductive analysis such as that presented herein, the findings often transcend or depart from the original purpose of an inquiry, elevating the richness and theoretical learning to include unexpected results. The study reveals and discusses insights beyond the intended aim of the research.

Juvenile Justice and John Rawls’ Justice Perspective on Serious Crime Committed by Minors

The management of minors in legal trouble continues to be geared toward a restorative justice approach as it develops. Unfortunately, as of yet, the method for putting the restorative justice concept into practice is still dispersed over a number of linked institutional norms and has not been incorporated into laws. The goal of this study is to evaluate the juvenile court system’s rules for providing for minors who need legal assistance as well as John Rawls’ perspective on justice as it relates to significant crimes committed by juveniles, which is now handled using a restorative justice strategy. This research uses normative legal methodologies in conjunction with statutory, conceptual, and case approaches. According to the findings of the study, the juvenile justice system in Indonesia continues to prioritize the interests of the minors; this is done so that perpetrators do not lose their rights as a kid or the future generation. Nonetheless, in serious crimes, such as murder, the kid (perpetrator) can be condemned to jail for no more than 1/2 (one-half) the maximum term of imprisonment for adults. According to John Rawls’ perspective on justice, these requirements are adequate to provide justice. But, in order to build a restorative strategy, policies at the level of legislation that may give legal certainty must be developed, especially for law enforcers such as judges in imposing criminal sanctions so as not to offend the sense of justice for victims.