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Journal articles on the topic 'Code of Execution of Sentences'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Mrozek, Kamila. "Wybrane zagadnienia praktyki stosowania przerwy i odroczenia wykonania kary." Radca Prawny, no. 4 (37) (March 20, 2024): 127–35. http://dx.doi.org/10.4467/23921943rp.23.040.19509.

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Selected issues of the practice of interruption and postponement of the execution of a sentence This article focuses on selected issues in the practice of parole, postponed execution of sentences and the challenges arising from their implementation. It attempts to analyse the institution of a conditional early release from the remainder of a prison sentence under Article 155 of the Polish Executive Penal Code, which introduces a probationary element into the process of granting parole. It addresses the aspects that are most difficult to interpret. In the context of postponed executions of sent

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2

Drakić, Dragiša, and Ivan Milić. "Sentencing and enforcement of the prison sentence served in the premises where the convicted person resides: The so-called house arrest." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 3 (2020): 999–1022. http://dx.doi.org/10.5937/zrpfns54-29378.

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The rule that convicted persons serve their sentences exclusively in prisons has not been valid in the Republic of Serbia for a long time. Prison sentences may also be executed in the premises where the convicted person resides. Such a solution is introduced by the 2009 Law on Amendments and Supplements to the Criminal Code. The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the convicted person resides as a special punishment. Instead, the offender is sentenced to imprisonment, which is then executed in the premises where he lives. In crimina

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3

Stiebellehner, Kathrin. "Short-term detention in Austria." Archives of Criminology, no. XLV/2 (December 31, 2023): 267–84. http://dx.doi.org/10.7420/ak2023.19.

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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.

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4

Tekliński, Jarosław. "POSTPONEMENT OF CUSTODIAL SENTENCE EXECUTION IN COURT STATISTICSs." Probacja 4 (March 31, 2021): 107–40. http://dx.doi.org/10.5604/01.3001.0014.7907.

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Postponement of the custodial sentence execution is one of few derogations from the rule of immediate sentence execution, defined in art. 9 § 1 of the Penal Enforcement Code. Its application results in a situation when some of the convicted remain outside the penitentiary system in the period defined by the court in the postponement order. Because of that fact, this institution at least periodically influences the size of the prison population. This article analyses the application of postponement of the custodial sentence execution based on statistical data and its impact on shaping the domes

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5

Stepashin, V. M. "Addition of punishments." Law Enforcement Review 6, no. 3 (2022): 186–98. http://dx.doi.org/10.52468/2542-1514.2022.6(3).186-198.

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Introduction. They complete and specify the rules for assigning the final penalty for both single crimes and for the totality of crimes and sentences of the prescriptions of Articles 71-72.1 of the Criminal Code, the content of the provisions of which is much broader than the names of the articles themselves. The logical sequence of the presentation of regulatory requirements in these articles is flawed.The method and the basic algorithm for determining the final penalty when adding punishments. The final punishment for two types of plurality - the totality of crimes and sentences – is determi

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6

Utkin, Vladimir A. "«Procedure» and «conditions» for the execution and serving of sentences as a category of penal enforcement law." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 42 (2021): 99–106. http://dx.doi.org/10.17223/22253513/42/8.

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In legal science, sometimes it happens that some of its defining, basic categories remain without due attention due to their apparent obviousness, although on closer examination it turns out not so simple. A similar situation exists nowadays, in our view, with such frequently used in the theory of criminal-executive law, in legislation and subordinate normative legal acts as "order" and "conditions" of execution and serving of criminal punishments. Although more than fifty articles of the current Criminal Executive Code of the RF contain references to "order" and "conditions" in various contex

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Stańdo-Kawecka, Barbara. "Wykonywanie kary pozbawienia wolności w trzech systemach — uwagi krytyczne." Nowa Kodyfikacja Prawa Karnego 39 (November 22, 2016): 109–31. http://dx.doi.org/10.19195/2084-5065.39.7.

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Enforcement of prison sentences under three systems — critical remarksAccording to the 1997 Code of Execution of Sentences, prison sentences are enforced in prisons of different kinds and types, and moreover under different systems. In the doctrine of the penal executive law, critical assessment of certain criteria applied while directing prisoners to prisons of appropriate kind and type can be found. However, the need for the operation of prisons differentiated into various kinds and types has not been questioned. The concept of the enforcement of prison sentences under three different system

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8

Kolb, O., and Yu Levchenko. "MARGINALISM OR HUMANISM – MODERN APPROACHES TO ENSURING THE RIGHTS OF THOSE SENTENCED TO LIFE IMPRISONMENT IN UKRAINE: THE THEORETICAL AND LEGAL ASPECT OF THE ISSUE." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, no. 2 (2024): 70–86. http://dx.doi.org/10.32755/sjcriminal.2023.02.070.

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This scientific article clarifies the socio-normative nature of the legal status of those sentenced to life imprisonment, and also determines the influence of existing marginal groups (politicians, subjects of legislative initiative, scientists, practitioners, etc.) on the process of execution – serving this type of criminal punishment. In particular, it was established that life imprisonment is applied by the court only in exceptional cases, when the purpose of punishment established in the Criminal Code of Ukraine cannot be achieved by other means of criminal law influence defined in the law

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9

Krudu, Aleksandr. "Analysis of progressivity, normality and responsibility principles in the progressive system of serving criminal sentences in the form of imprisonment." International penitentiary journal 3, no. 1 (2021): 40–45. http://dx.doi.org/10.33463/2712-7737.2021.03(1-3).1.040-045.

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Ensuring the proper functioning of the progressive system of serving a criminal sentence in the form of deprivation of liberty is an urgent problem for the Republic of Moldova. The international recommendations in this area, as well as the practice of other states that apply the progressive system, in order to identify the most optimal solutions for its implementation are analyzed in the article. Special literature is studied, in which important studies is conducted on the role of sentences execution principles in achieving their goals. Recommendations for changing the existing regulatory fram

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10

Humbatov, Musa. "REASONS FOR THE GROWTH IN THE NUMBER OF PERSONS DEPRIVED OF FREEDOM IN THE REPUBLIC OF AZERBAIJAN AND POSSIBLE WAYS TO REDUCE IT." Annali d'Italia 56 (June 26, 2024): 12–24. https://doi.org/10.5281/zenodo.12548821.

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Issues related to the growth in the number of persons deprived of freedom in the Republic of Azerbaijan are considered and a number of measures are proposed to reduce their number, including by amending the Criminal Code, the Criminal Procedure Code and the Code for the Execution of Sentences of the country.

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11

Jaworska-Wieloch, Anna. "A FEW REMARKS ABOUT THE CHANGE IN THE ORDER OF EXECUTION OF PENALTIES AND MEASURES RESULTING IN THE DEPRIVATION OF LIBERTY." Probacja 3 (February 28, 2021): 61–79. http://dx.doi.org/10.5604/01.3001.0014.6378.

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The subject of the article is the analysis of the reasons for changing the order of execution of the penalties and measures, regulated in art. 80 of the Executive Penal Code. This topi cis very rarely discussed in the literaturę, despite the fact that convicts, for the reasons indicated in the text, very often want to change the order of execution of the penalties. Despite the multitude of applications sentenced to apply art. 80 of the Executive Penal Code and the high degree of generality of the premises included in this provision, there is a lack of judicature and extensive studies on this s

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12

Hofweber, Julia, and Theodoros Marinis. "What Sentence Repetition Tasks Can Reveal about the Processing Effort Associated with Different Types of Code-Switching." Languages 8, no. 1 (2023): 70. http://dx.doi.org/10.3390/languages8010070.

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In this study, we explored the linguistic consolidation processes associated with bilingual processing using an experimental paradigm novel in bilingualism research, i.e., sentence repetition. We tested 46 L1-German L2-English bilinguals immersed in the L2 context. Firstly, we compared participants’ sentence repetition accuracy in single-language sentences and in sentences involving code-switches. Secondly, we investigated the processing cost associated with different types of code-switching, i.e., alternation, insertion, and dense code-switching. Finally, we assessed the following potential p

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13

JANECZEK, MACIEJ, EWA BILEWICZ, and ALEKSANDER CHRÓSZCZ. "Animals in Ancient Near East countries law codes- Sumer and Babylonia." Medycyna Weterynaryjna 74, no. 1 (2018): 5965–2018. http://dx.doi.org/10.21521/mw.5965.

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The roots of modern law and legislation, including the animal healing and care, should had been found in Su-mer. The authors were comparing the content of ancient Sumerian and Babylonian codes of law with each other, beginning from Ur-Nammu Code of Law, Lipit-Ishtar and subsequent texts, to Code of Hammurabi, which had codified the veterinarian activities. The work describes the multidimensional analysis of law codes aiming on the animals’ references, form the punishments sentenced for offences involving animals to tools used in sentence execution. .

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14

Petrašinović, Stefan. "KUĆNI ZATVOR U SVETLU NAJNOVIJIH IZMENA I DOPUNA ZAKONA O IZVRŠENjU KRIVIČNIH SANKCIJA." Glasnik prava 11, no. 1 (2020): 57–58. http://dx.doi.org/10.46793/gp.1101.57p.

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Art. 3 of the Law on amendments to the Law on Execution of Criminal Sanctions, a new Art. 41a. entitled “Procedure for petition to execute imprisonment in the premises of the convicted person”. This amendment to the Law on Execution of Criminal Sanctions (which is both substantive and procedural in nature) gives the possibility and hope to a large of sentenced persons to imprisonment for up to one year, by their request, by the time they enter the sentence, re-examines the conviction and possibly changes the manner in which the prison sentence is served in one of the penitentiary institutions

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15

Sitnik-Gawlikowska, Katarzyna, and Kamila Mrozek. "Grounds for suspending the execution of a sentence under Article 15 of the Executive Penal Code: Selected issues and case law." Nowa Kodyfikacja Prawa Karnego 70 (February 26, 2025): 89–100. https://doi.org/10.19195/2084-5065.70.8.

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This article addresses the issue of the grounds for suspending the execution of a sentence pursuant to Article 15 of the Executive Penal Code, taking into account selected issues of doctrine and case law. It is a contribution to a deeper analysis of the institution of suspending the execution of a sentence.

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16

Krushynskyi, S. A. "Problems of determining the subject of non-execution of the court sentence." Uzhhorod National University Herald. Series: Law 4, no. 86 (2025): 292–98. https://doi.org/10.24144/2307-3322.2024.86.1.4.44.

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In the article the author emphasizes that non-execution of court decisions in Ukraine is currently a systemic problem, which is incompatible with the right to a fair trial, stipulated in Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Taking into account the position of the Supreme Court, it is concluded that in addition to the general obligatory features (status of an individual, sanity, age from which criminal liability may arise), the subject of non-execution of a court sentence has an inherent obligatory special feature – the presence of a per

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17

Novikov, Egor Е. "On the problems of legal regulation of criminal procedural legal relations functioning at the initial stage of execution and serving of criminal sentences and their impact on criminal executive legal relations." Vestnik of Saint Petersburg University. Law 15, no. 1 (2024): 87–104. http://dx.doi.org/10.21638/spbu14.2024.106.

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The article analyzes the problems and features of the legal regulation of criminal procedural legal relations arising, changing or terminating at the initial stage of execution and serving of criminal sentences. The paper deals with the legal relations functioning within the boundaries determined by the moment when the court's conviction comes into legal force and the beginning of the actual execution of the criminal punishment (measure) by the authorized institution. In the course of the research, the author comes to the conclusion that for the normal development of criminal procedural legal

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18

Konopelskyi, Viktor, Valentyna Merkulova, Oksana Hrytenko, Kateryna Pogrebna, and Harehyn Muradyan. "Procedure and conditions of life executing punishment." Linguistics and Culture Review 5, S4 (2021): 1769–89. http://dx.doi.org/10.21744/lingcure.v5ns4.1851.

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The article is devoted to the consideration of essence and tendencies of reforming the criminal-executive legislation of Ukraine concerning the procedure and execution and serving life imprisonment conditions. Certain debatable provisions, both theoretical and legal, concerning procedure and conditions of life service executing punishment are considered. It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based

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19

Pranka, Darius. "Peculiarities of consolidation of criminal penalties and the justice of the final sentence in the practice of Lithuanian courts." Kriminologijos studijos 11 (March 5, 2024): 32–50. http://dx.doi.org/10.15388/crimlithuan.2023.11.2.

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Scholars of criminal law have not considered the issue of consolidation of criminal penalties for some time, and it has been undeservedly forgotten. However, the method of consolidation of criminal penalties and the size of the final punishment are very important for the defendant. In addition, in judicial practice, there are often various problems related to the correct and appropriate summation of sentences. It is sometimes very easy to get lost in the labyrinths of sentence sizes, numbers and calculation of the last sentence. The article begins by presenting a negative example of judicial p

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20

Jovašević, Dragan. "Execution of the death penalty pursuant to the new legislation." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 352–57. http://dx.doi.org/10.5937/gakv9910352j.

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Although death penalty was abolished by the 1992 Constitution of the Federal Republic of Yugoslavia and by the 1993 Yugoslav Criminal Code for crimes provided by federal laws, it still exists as a penalty in our criminal law system. It is provided by the constitutions and criminal codes of the republics for the most serious forms of crimes - first degree murder and aggravated robbery. This is the reason for the fact that the new 1997 Law on enforcement of criminal sentences still contains provisions on the procedure, manner and conditions for enforcement of the capital punishment. The new legi

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21

Уткин, В. А. "Rationality of Coercion as a Principle to Regulate Execution of Prison Sentences." Penitentiary Science, no. 1(57) (March 31, 2022): 29–36. http://dx.doi.org/10.46741/2686-9764.2022.57.1.003.

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Введение: в статье рассматриваются нормативно-правовые основы и практика реализа- ции закрепленного в ст. 8 УИК РФ принципа рационального применения мер принуждения. Отмечается неоднозначность его понимания в теории уголовно-исполнительного права. Ис- следование: используя в качестве методологической основы системный подход, автор обо- сновывает то, что данный принцип не сводится к экономии принуждения, и предполагает его необходимость и достаточность в конкретных условиях уголовно-исполнительной деятельно- сти. Выделяя из всей системы мер пенитенциарного принуждения меры пенитенциарной от- ве

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22

Jeon, Byung-moo. "Trends in Criminal Law and Changes in the Death Penalty in the Early Korean-Japanese Period." Bukak History Academy 19 (January 31, 2024): 199–234. http://dx.doi.org/10.37288/bukak.2024.19.1.199.

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Modern Korea implemented the Gab‘o Reform(甲午更張) and unified the type of death penalty by hanging in 1895. The beheading and Neungji execution sentences that had been implemented since the late Joseon Dynasty were abolished. The government of Korean Empire revived the beheading in 1900 through civil rights movements and political upheaval. In addition, the death penalty was strengthened by expanding the death penalty for thieves. The Government of Korean Empire promulgated the Penal Code(『Hyeonbeob Daejeon(刑法大全)』 in 1905. At this time, the beheading was abolished and the hanging was unifi

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Jeon, Byung-moo. "Trends in Criminal Law and Changes in the Death Penalty in the Early Korean-Japanese Period." Bukak History Academy 19 (January 31, 2024): 199–234. http://dx.doi.org/10.37288/bukak.2024.19.6.199.

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Modern Korea implemented the Gab‘o Reform(甲午更張) and unified the type of death penalty by hanging in 1895. The beheading and Neungji execution sentences that had been implemented since the late Joseon Dynasty were abolished. The government of Korean Empire revived the beheading in 1900 through civil rights movements and political upheaval. In addition, the death penalty was strengthened by expanding the death penalty for thieves. The Government of Korean Empire promulgated the Penal Code(『Hyeonbeob Daejeon(刑法大全)』 in 1905. At this time, the beheading was abolished and the hanging was unifi

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24

Yushchyk, O. I. "Legal aspects of supervised probation." Uzhhorod National University Herald. Series: Law 2, no. 81 (2024): 378–83. http://dx.doi.org/10.24144/2307-3322.2024.81.2.59.

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The article focuses on the legal aspects of supervised probation. Domestic legislation has undergone fundamental changes in the area of regulation of legal relations related to probation following the adoption of the Law of Ukraine «On Probation» on 5 February 2015. Probation is defined as a system of supervisory and social and educational measures applied to convicted persons by a court decision and in accordance with the law, execution of certain types of non-custodial criminal sentences, and provision of information to the court on the defendant. One of the types of probation is supervisory

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25

Kutukov, S. A. "PROBLEMS OF LEGAL REGULATION OPERATIONAL AND INVESTIGATIVE ACTIVITIES IN THE EXECUTION OF NON-CUSTODIAL SENTENCES: ANALYSIS OF LEGISLATION AND PRACTICE." Law Нerald of Dagestan State University 37, no. 1 (2021): 107–11. http://dx.doi.org/10.21779/2224-0241-2021-37-1-107-111.

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The article is devoted to the improvement of operational-search legislation in the field of organization of operational-search activities in the criminal Executive system, in particular, the grounds and conditions for conducting operational-search activities that restrict the constitutional rights of citizens, as well as their conduct in relation to those sentenced to non-custodial sentences. The main legal and organizational problem is the lack of legal grounds for conducting operational search activities that require court approval when conducting search work and, as a result, the inability

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26

Puzyrov, M. S. "Execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 271–75. http://dx.doi.org/10.24144/2788-6018.2021.04.46.

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The article is dedicated to clarifying the procedure of execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries. It is noted that due to the optimization of penal institutions (during 2018–2021, 39 penal institutions were «preserved» in Ukraine), due to the rapid reduction in the number of convicts (including juveniles), the number of special educational institutions (educational colonies) has decreased significantly. Thus, as of the end of 2021, there were 63 persons in 1 educational colony and 1 sector for female juvenile convic

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27

Lozhkina, L. V. "ON THE ISSUE OF LEGAL REGULATION OF SECURITY MEASURES APPLIED IN CORRECTIONAL INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE." Bulletin of Udmurt University. Series Economics and Law 32, no. 5 (2022): 920–26. http://dx.doi.org/10.35634/2412-9593-2022-32-5-920-926.

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The issues of the application of physical force, special means, firearms to convicts in correctional institutions, designated by the legislator as security measures applied to convicts, are subject to research. Security in correctional institutions serves as a guarantee of ensuring legality and other fundamental principles in the process of execution and serving of punishment, and the measures proposed by the legislator make it possible to implement security guarantees for all subjects of penal law relations. The paper examines the grounds for the use of security measures established by Articl

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Laskowska, Katarzyna. "KARA ŚMIERCI W REPUBLICE BIAŁORUŚ – ASPEKTY KONSTYTUCYJNE, KARNOPRAWNE I WYKONAWCZE." Studia Iuridica, no. 91 (November 12, 2022): 185–205. http://dx.doi.org/10.31338/2544-3135.si.2022-91.10.

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This paper tackles the problem of death penalty in Belarus which is a notyetanalyzed topic in the Polish literature. This problem seems to be important since Belarus remains the only European country where death sentences are imposed and carried out. The author describes the law regulations and possible results included in the Criminal Code and the Criminal Enforcement Code of the Republic of Belarus. In particular, emphasized are the assumptions against the international law, very wide scope of adjudication, inhumane way of execution, and limited access to information. Some possible actions u

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Скиба, Андрей Петрович, and Екатерина Дмитриевна Харитонович. "APPLICATION PROBLEMS OF PUNISHMENTS NOT CONNECTED WITH ISOLATION OF CONVICTED PERSONS FROM SOCIETY, OF CONVICTS IN THE FACE OF A DISASTER, THE IMPOSITION OF EMERGENCY OR MARTIAL LAW." Vestnik Samarskogo iuridicheskogo instituta, no. 1(37) (June 17, 2020): 96–102. http://dx.doi.org/10.37523/sui.2020.37.1.014.

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Cтатья посвящена выявлению и анализу проблем регулирования в Уголовном кодексе РФ, Уголовно-исполнительном кодексе РФ и других нормативных правовых актах (на основе анализа режима особых условий в исправительных учреждениях), а также применения наказаний, не связанных с изоляцией осужденных от общества, в условиях стихийного бедствия, при введении чрезвычайного или военного положений. Особое внимание уделяется трудностям в деятельности сотрудников уголовно-исполнительных инспекций по исполнению наказаний в виде обязательных и исправительных работ в отношении больных осужденных (на отбывание на

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Olkhovik, Nikolay V. "Problems of ensuring the rights and legitimate interests in the sphere of labor of persons sentenced to penalties and other measures of criminal legal nature not related to imprisonment." Ugolovnaya yustitsiya, no. 20 (2023): 82–90. http://dx.doi.org/10.17223/23088451/20/14.

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The problems of protecting the rights and legitimate interests in the sphere of labor of convicts sentenced to penalties and other criminal law measures not related to deprivation of liberty are identified. Penal inspectorates and the administration of correctional centers do not sufficiently take into account convicts' qualifications when ensuring that convicts follow the requirements of a court verdict. When enforcing the performance of compulsory and correctional labor, suspended sentence, penal inspectorates ignore the requirements of labor laws regarding the age of a minor, the “feasibili

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Tettamanti, Marco, Giovanni Buccino, Maria Cristina Saccuman, et al. "Listening to Action-related Sentences Activates Fronto-parietal Motor Circuits." Journal of Cognitive Neuroscience 17, no. 2 (2005): 273–81. http://dx.doi.org/10.1162/0898929053124965.

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Observing actions made by others activates the cortical circuits responsible for the planning and execution of those same actions. This observation–execution matching system (mirror-neuron system) is thought to play an important role in the understanding of actions made by others. In an fMRI experiment, we tested whether this system also becomes active during the processing of action-related sentences. Participants listened to sentences describing actions performed with the mouth, the hand, or the leg. Abstract sentences of comparable syntactic structure were used as control stimuli. The resul

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Glazkov, Mikhail B. "The replacement of the unserved term of custodial sentence with a supervised release under Article 80 of the Criminal Code of the Russian Federation: Issues of law enforcement." Ugolovnaya yustitsiya, no. 20 (2023): 15–20. http://dx.doi.org/10.17223/23088451/20/3.

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The article proposes to consider amending Article 80 of the Criminal Code of the Russian Federation and supplementing it with Part 3.1 with the following content, “The unserved term of custodial sentence or forced labor cannot be replaced with the supervised release if the court sentences to the supervised release as an additional punishment. In this case, the court must consider releasing the convicted person from an additional supervised release, or replacing the unserved term of the custodial sentence or forced labor with correctional labor.” The issues that arise in connection with the rep

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Crudu, Alexandr. "Classification and distribution of convicted people in a progressive system of execution of the sentence." National Law Journal, no. 2(248) (January 2023): 136–44. http://dx.doi.org/10.52388/1811-0770.2022.1(247).12.

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As it is known, in the theory of criminal enforcement law, the classification of convicts to criminal sentences deprived of liberty is taken into account at three levels. The first level is the primary legal classification, the purpose of which is to differentiate the punishment for the offender according to the nature and degree of danger of the crime he/she committed. The second level is the secondary criminal execution classification of convicts, which involves differentiating the execution of the sentence and correcting convicts, excluding the negative influence of some convicts on others.

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Demyanchuk, Tetyana. "Soviet criminal-executing system as a tool of totalitarianism." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi 2, no. 15(27) (2023): 19–30. http://dx.doi.org/10.33098/2078-6670.2023.15.27.2.19-30.

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Purpose. The purpose of the study is to reveal the legal foundations of the formation of the Soviet criminal-executive system and its qualification as a tool of totalitarianism. Methods. The article uses a set of principles and methods of scientific knowledge, in particular the principles of objectivity and historicism, as well as methods of analysis and synthesis, generalization, legal, formal-legal, system-historical, retrospective analysis, dialectical, phenomenological, hermeneutic and systemic. A theoretical analysis of the concepts of «totalitarianism» and «criminal-executive system» was

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Shabal, V. S. "The procedure for sending sentenced to arrest to the place of punishment." Penitentiary science 13, no. 3 (2019): 312–17. http://dx.doi.org/10.46741/2686-9764-2019-13-3-312-317.

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The article analyzes the problems in the direction of sentenced to arrest in the Republic of Belarus to the place of punishment. Based on the study of penal legislation it is concluded that there is no normative regulation of the issues of sending convicts to lockup houses, the concept of evading serving a sentence of arrest as well as the procedure and conditions for criminal prosecution under Art. 414 of the Criminal Code of the Republic of Belarus. This causes problems associated with the violation of the principle of the inevitability of criminal liability and the practice of applying this

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Stańdo-Kawecka, Barbara. "Zasada podmiotowego traktowania skazanych w kodeksie karnym wykonawczym z 1997 roku." Nowa Kodyfikacja Prawa Karnego 54 (April 28, 2020): 239–63. http://dx.doi.org/10.19195/2084-5065.54.11.

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During the work on the draft of the 1997 Code of the Execution of Penalties (CEP) much attention was paid to the principle of the treatment of sentenced persons, and particu-larly those serving prison sentences, as subjects. In the Polish penological literature two dimensions of that principle were indicated. The first one referred to the strengthening of the sentenced person’s position in relation to enforcement authorities by means of precise regulations concerning his/her legal status and effective mechanisms for the protection of his/her rights. The second dimension meant the abandonment o

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Skakov, A. B. "NEW PROVISIONS IMPLEMENTED IN CRIMINAL POLICY PURSUED BY THE REPUBLIC OF KAZAKHSTAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 1 (2021): 42–52. http://dx.doi.org/10.32755/sjcriminal.2021.01.042.

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The article is devoted to modern approaches and the formation of author’s proposals regarding new provisions implemented in the criminal policy pursued by the Republic of Kazakhstan. It is noted that the criminal policy has three components: criminal, criminally-remedial and penal policies. It is possible and necessary to determine the degree of effectiveness of the implemented criminal policy only on the basis of the results of all its components and the development of modern preventive measures in order to prevent crime. The analysis of the criminal, criminally-remedial and penal legislation

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Majer, Piotr. "The Offence of Failing to Observe the Duty to Execute a Penal Sentence or Decree (Canon 1371 § 5 CIC)." Biuletyn Stowarzyszenia Kanonistów Polskich 33, no. 36 bis (2023): 159–76. http://dx.doi.org/10.32077/bskp.8023.

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This article discusses the offence of failure to observe the duty to execute a penal sentence or decree.[1] This is a new offence in the Code of Canon Law defined during the recent revision of criminal canon law by the Apostolic Constitution Pascite gregem Dei of 23 May 2021. Canon 1371 § 5 addresses the negative experience of recent years especially with regard to the sexual abuse of minors by clerical persons. The active subject of the offence is the ecclesiastical Superior who is obliged to effectively execute an executive sentence and carry out the orders and prohibitions contained therein

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Gracheva, O. A. ,., and E. O. Kravtsov. "Prosecutor’s Supervision of the Enforcement of Laws against Convicted Women: a Scientific and Practical Analysis." Rossijskoe Pravo Obrazovanie Praktika Nauka 145, no. 1 (2025): 95–101. https://doi.org/10.34076/2410-2709-2025-145-1-95-101.

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The article discusses the methodology of prosecutorial inspections of the enforcement of laws in relation to convicted women. Dialectical, comparative, structural and functional methods, as well as the method of scientific synthesis are used as a methodological basis. The result of the study is the conclusion that it is necessary to provide a separate chapter in the Criminal Code of the Russian Federation, reflecting the specifics of the execution of sentences against convicted women, which will facilitate the work of correctional officers, as well as increase the effectiveness of the prosecut

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Dênis, Fabrício Fernandes. "THE BEGINNING OF PENALTY AND THE LAW OF CRIMINAL EXECUTION IN BRAZIL." PhD Scientific Review 03, no. 02 | ISSN 2676-0444 (2023): 66–76. https://doi.org/10.5281/zenodo.7662244.

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The objective of this article was to approach in a pragmatic and didactic way the conceptualization, the history of the penalty and, in particular, the emergence of the penalty and the law of Penal Executions in Brazil, through a bibliographical research on these subjects, based on authors renowned, the Federal Constitution, the Code of Criminal Procedure and the Law of Criminal Executions.  

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Harasym, Pavlo, Oleksii Humin, Roman Shai, Svitlana Soroka, and Anna Bondarchuk. "Legislative perspectives of ensuring public control over the observance of the rights of convicts in Ukraine." Cuestiones Políticas 41, no. 79 (2023): 290–300. http://dx.doi.org/10.46398/cuestpol.4179.19.

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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 o

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Filippova, Olga V. "ENSURING EMPLOYMENT OF CONVICTS AS THE MAIN DIRECTION OF RECIDIVISM PREVENTION." Ugolovnaya yustitsiya, no. 23 (2024): 98–102. https://doi.org/10.17223/23088451/23/16.

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In the execution of punishments and prevention of recidivism, the problem of ensuring employment of convicts remains relevant: in 2022, about half of convicts not isolated from society and registered with penal inspectorates did not work or study while serving their sentences; less than 40% of convicts were involved in paid labor in correctional institutions. The only punishment during which all convicts without exception work is a punishment in the form of forced labor. During their sentence, convicts are supervised, engaged in productive work, receive income, compensate for damages, and demo

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Rifai, Eddy. "An Analysis of the Death Penalty in Indonesia Criminal Law." Sriwijaya Law Review 1, no. 2 (2017): 191. http://dx.doi.org/10.28946/slrev.vol1.iss2.44.pp191-200.

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This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict

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Stasiak, Krzysztof. "PROPER APPLICATION OF THE PROVISIONS ON SUPERVISION AND THE PROBATION OFFICER IN THE EXECUTIVE PENAL CODE (ARTICLE 55 § 2ND SENTENCE 2 OF THE E.P.C.)." Probacja 3 (February 28, 2021): 45–60. http://dx.doi.org/10.5604/01.3001.0014.6377.

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In the Executive Penal Code (e.p.c.), in two places (art. 55 § 2 sentence 2 e.p.c. and art. 43d § 3 sentence 2 e.p.c.), the phrase "the regulations on supervision and guardianship apply accordingly" is used. It is a type of reference which is quite often used in legislative technique. Thanks to its use, it is possible to avoid repeating in a legal act the content that has already been applied to another situation. This allows the legal act to be more coherent, but sometimes there are problems of interpretation during the application of this standard. This is due to the fact that the rules that

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Mrozek, Kamila. "Wstrzymanie wykonania zastępczej kary pozbawienia wolności w trybie art. 65a k.k.w." Nowa Kodyfikacja Prawa Karnego 46 (February 16, 2018): 71–81. http://dx.doi.org/10.19195/2084-5065.46.6.

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Suspension of the execution of the alternative custodial sanction pursuant to Art. 65a of the Executive Penal CodeThe suspension of the execution of the custodial sanction under alternative sanction presents a high educational value as well as it reduces the incarcerated population and budgetary expenditures in this regard. It is therefore a perfect alternative to the alternative custodial sanction. An essential precondition for the commencement of proceedings for suspension of the execution of the alternative sentencing is a written declaration by the offender about his subjection to the exec

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Tekliński, Jarosław. "GROUNDS FOR ENDING A POSTPONEMENT IN THE EXECUTION OF A CUSTODIAL SENTENCE." Probacja 2 (December 3, 2020): 65–115. http://dx.doi.org/10.5604/01.3001.0014.4887.

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One of the few exceptions to the principle of the immediate execution of a penalty, expressed in Article 9 § 1 of the Executive Penal Code, is the institution of its deferral. The conditions of its application are specifi ed in the provisions of Article 150 and Article 151 of the Executive Penal Code. Postponement of a custodial sentence is not absolute, because the occurrence of certain factual or legal conditions during its duration may result in its termination. The subject of the article is to analyse the grounds for ending the postponement of a custodial sentence, with particular emphasis

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Boreiko, Halyna. "ЗЛОВЖИВАННЯ ПРАВОМ НА СТАДІЇ ВИКОНАННЯ СУДОВИХ РІШЕНЬ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ". Visnyk of the Lviv University. Series Law, № 77 (12 грудня 2023): 242–50. http://dx.doi.org/10.30970/vla.2023.77.242.

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An article deals with the analysis of the criminal proceedure and criminal executive legislation. According to the results, some deficiencies are found in the legal regulation of court decisions execution in criminal proceedings, which provide a hypothetical opportunity for participants in criminal proceedings to abuse their right at this stage. The author draws attention to the issues that most likely happen to be abused. In particular, the postponement of court decisions execution, the request for the conditional early release of the convicted person from the sentence or the change of the un

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Borkov, Victor N., and Boris B. Bulatov. "Criminal Law Protection of the Personal Freedom of the Suspect, the Accused, and the Convicted." Vestnik Tomskogo gosudarstvennogo universiteta, no. 472 (2021): 197–203. http://dx.doi.org/10.17223/15617793/472/23.

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The criminal-legal influence exerted on a person must be legal and justified, and the constitutional right of a person to inviolability must be reliably protected. Law enforcement practice shows that the rights of a person involved in criminal repression are especially vulnerable. Violations of personal freedom can be committed not only during the preliminary investigation, but also at the stages of proceedings in court and the execution of a sentence. Increasing the effectiveness of criminal law protection of the constitutional right to liberty and security of a person is possible provided th

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Strulea, Maria. "Compensatory remedies in the execution of life detention in comparative law." Studia Universitatis Moldaviae. Seria Stiinte Sociale, no. 3 (June 2023): 106–9. http://dx.doi.org/10.59295/sum3(163)2023_13.

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The European Court of Human Rights has consistently noted that precarious conditions of detention are contrary to Article 3 of the Convention. As a result, the criminal procedural legislation of the Republic of Moldova provided for a compensatory remedy in case of finding the circumstances provided in article 4732 par. (3) of the Code of Criminal Procedure. Thus, in the event of such circumstances, the court orders the reduction of the custodial sentence and, regarding the remaining period, orders, as compensation, the payment in favor of the convict of a sum of money for each day in which the

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Hai, Ngoc, Hoai Le, and Andrey Petrovich Skiba. "On the execution of punishments against legal entities and other changes in the Criminal and Penal legislation of the Socialist Republic of Vietnam in 2019." International penitentiary journal 2, no. 2 (2020): 76–81. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).2.076-081.

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The article is devoted to the changes in the Law on the execution of criminal penalties of the Socialist Republic of Vietnam and the Criminal Code of the Socialist Republic of Vietnam in 2019. The main focus is on the regulation of criminal liability and the procedure for punishments execution in respect of commercial legal entities. The following issues are also analyzed: the right of a seriously ill convict to request a medical examination; additions to the category of separately held convicts at the expense of homosexuals, transsexuals and persons with uncertain gender; specification of the

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