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Journal articles on the topic 'Custodial sentence'
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1
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 domestic prison population. The research material comprised statistical data, included in MS-S10 reports on executing orders according to material jurisdiction for the period 2012-2018 (concerning district and regional courts), made available by the Managing Statistical Information Division of the Strategy and European Funds Department within the Ministry of Justice. The data were presented in charts made by the author. The dissertation is opened with the analysis of the data, which concern passing the custodial sentence. It also includes modal forms such as substitutive custodial sentences instead of unpaid fines and unserved custodial sentences, as well as orders to serve suspended custodial sentences and orders to cancel parole. All the above prepare the ground for the central dissertation issues, i.e., the policy that applies the postponement of the custodial sentence execution by district and regional courts and the significance of the postponement mentioned above among other reasons for not putting the convicted in penitentiaries. Having done the preliminary research of available statistical data, the author concludes that, compared to other reasons for not putting the convicted in prisons, the role of the postponement of the custodial sentence execution in shaping the prison population is decreasing. This phenomenon should be perceived as an unfavourable one in principle. The author explains the view in the final remarks.
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Brobbey, Priscilla. "The Theoretical Proposition to Promote and Motivate Prison Labour in Ghana." TEXILA INTERNATIONAL JOURNAL OF MANAGEMENT 7, no. 2 (2021): 56–70. http://dx.doi.org/10.21522/tijmg.2015.07.02.art007.
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The ultimate purpose of the prison industry over the years was for the incarceration of criminals to serve their custodial sentence, which was later fused with rehabilitation programs to reform criminals to become better citizens after being released from custodial sentences. However, the outcome of the reformation of convicts after released from the prison has been a sad story than expected success cases. Hence, the theoretical proposition of the paper with respect to the prison industry of Ghana is to resolve recidivism, promote inmates’ skill upgrade and labour reformation programs to become socio-economic beneficial during and after a custodial sentence.
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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 replacement of the unserved term of the custodial sentence with a milder form of punishment - supervised release - significantly complicate the execution of this punishment and need to be adjusted. The proposed amendments in the current legislation will help eliminate the existing problems in law enforcement practice, since when making decisions, not only the criminal law, but also the social characteristics of the convict will be taken into account. This decision can increase the effectiveness of custodial sentence and result in its more active application.
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Prozumentov, Lev, Nikolay Olkhovik, and Dmitry Karelin. "The Effectiveness of Penalties and Other Criminal Law Measures for Minors Who Have Committed a Crime." Russian Journal of Criminology 14, no. 2 (2020): 305–12. http://dx.doi.org/10.17150/2500-4255.2020.14(2).305-312.
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It is impossible to develop an effective system of penalties and other criminal law measures for minors in Russia without creating the corresponding economic, social and legal conditions. These conditions are not always taken into consideration when imposing penalties on minors who have committed crimes or taking other criminal law measures against them. The humanization of penalties imposed on juvenile delinquents, the implementation of state policy aimed at the liberalization of penalties for minors resulted in a consistently high number of minors with conditional or non-custodial sentences in comparison with the number of minors sentenced to custodial punishments or compulsory educational measures. Key indices of repeat offences by minors show that the effectiveness of non-custodial or conditional sentences is low. Research demonstrated that the highest index of repeat offences while serving a sentence is typical of minors sentenced to the limitation of freedom, correctional labor, those under a conditional sentence or those ordered to perform a community service. The number of repeat offences committed by persons sentenced to compulsory educational measures under Art. 92 of the Criminal Code of the Russian Federation, both after they have finished a special school or a special vocational school, is much lower than the number of repeat offences committed by minors sentences to non-custodial penalties. The authors show that it is not feasible to include in the law six types of penalties for minors. It is suggested that only one type of punishment for juvenile delinquents should be left - imprisonment for a certain term. A parallel system of educational measures should be developed and included in the criminal law instead of the current Art. 90-92 of the CC of the RF, the unreasonably wide use of Art. 73 of the CC of the RF should be limited, and Clause 6.2 of Art. 88 of the CC of the RF should be abolished as it contradicts Parts 1 and 3 of Art. 73 of the CC of the RF.
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Đuričić, Nada. "Suspended sentence with custodial supervision in Serbia: What does custodial supervision involve?" Pravo - teorija i praksa 40, suppl (2023): 55–68. http://dx.doi.org/10.5937/ptp2301055d.
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Suspended sentence with custodial supervision represents an alternative sanction that the legislation of the Republic of Serbia has known for half a century, but its application is rare because it is ordered in a negligible number of cases. Ordering custodial supervision has its advantages and it can be effective in cases when it is not enough to just sentence a person conditionally nor would it be justified and effective to punish the individual more severely, but it is necessary to ensure some sort of help and support in order to correct the offender's behavior and deter them from committing criminal acts in the future. In order to better understand this sanction and see how it works in practice, we have analyzed measures of custodial supervision which are most often prescribed in accordance with the committed crimes. The paper uses a statistical and comparative method and analyzes the available literature, as well as the judgments of those courts that in a certain observed period had the largest number of suspended sentences with custodial supervision.
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Dollinger, Bernd, and Tobias Froeschle. "Me and my custodial sentence." Narrative Inquiry 27, no. 1 (2017): 66–84. http://dx.doi.org/10.1075/ni.27.1.04dol.
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Abstract Trials are touchstones, which highlight rationalities of narrative identity construction. This study seeks to explore these rationalities from the perspective of young defendants. Predicated on narrative interviews before and after trials as well as on participant observations of the respective trials, we reconstruct identity-related categorizations of young defendants. Based on “Membership Categorization Analysis”, our focus is on the young defendants’ narrative depiction of their biographical criminal history and their self-presentation as subjects that have been (un)fairly treated and sentenced by penal professionals. Empirically, we use a case study to elaborate on the intricate challenge of identity construction when a severe punishment is imminent. Our results indicate a strategic form of narration, which mirrors the complexities and uncertainties of a trial.
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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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Mujuzi, Jamil Ddamulira. "Analysing the Irish Supreme Court judgement of Sweeney v Governor of Loughan House Open Centre and Others in the light of the European Court of Human Rights’ Jurisprudence on the Transfer of Sentenced Persons." European Journal of Crime, Criminal Law and Criminal Justice 23, no. 1 (2015): 33–55. http://dx.doi.org/10.1163/15718174-23012059.
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The majority of Irish nationals transferred from abroad to serve their sentences in Ireland are transferred from the United Kingdom. Likewise, the majority of foreign nationals transferred from Ireland to serve their sentences in their countries of nationality are transferred to the United Kingdom. This means that the United Kingdom is Ireland’s major prisoner receiving and sending country. In July 2014 the Supreme Court of Ireland held that an offender who had been sentenced to 16 years’ imprisonment in the United Kingdom and transferred to serve his sentence in Ireland must be released after serving in Ireland the custodial sentence he would have served had he not been transferred to serve his sentence in Ireland. To reach this conclusion, the Supreme Court referred to the Transfer of Sentenced Persons Act, the Convention on the Transfer of Sentenced Persons Act and to the relevant English law. This article highlights the implications of this judgement for the transfer of offenders between Ireland and the United Kingdom in particular and other countries in general. In order to put the discussion in context, the article first deals with the jurisprudence of the European Court of Human Rights on the transfer of offenders.
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Dolgopolov, Kirill Andreyevich. "On Social Significance of Custodial Sentence." Теория и практика общественного развития, no. 1 (2021): 19–22. http://dx.doi.org/10.24158/tipor.2021.1.2.
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Barsegyan, Suren Vazgenovich. "Prevention of repeated crimes committed by foreign migrants after serving a non-custodial sentence." Полицейская и следственная деятельность, no. 1 (January 2025): 50–70. https://doi.org/10.25136/2409-7810.2025.1.73308.
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The subject of this study is the peculiarities of preventing repeated crimes of foreign migrants after serving a non-custodial sentence. The article analyzes the features of modern criminal policy in terms of the impact on the prevention of repeated crimes of foreign migrants. The purpose of the study is to identify specific factors that contribute to repeat crimes by foreign migrants after they have served a non-custodial sentence, as well as to develop proposals to address the identified problems. The relevance of the study is due to the need to increase the effectiveness of preventing repeated crimes of foreign migrants after they have served a non-custodial sentence. The relevance is confirmed by statistical data on an increase in the number of non-custodial sentences imposed on foreign migrants, as well as an increase in serious and especially serious repeat crimes committed by foreign migrants. The methodological basis of the research is formed by dialectical, formal-logical, system-structural, statistical methods, as well as the method of comparative legal analysis and other methods of scientific research. The scientific novelty lies in the identification of four groups of specific factors influencing the re-commission of crimes by foreign migrants and in the development of modern methods for solving the identified problems. The article analyzes the provisions of current legislation aimed at preventing repeated crimes of foreign migrants, as well as the Convention of the member States of the Commonwealth of Independent States on the Transfer of Execution of Non–custodial Sentences. An assessment is given of the latency of the crime of foreign migrants who have committed crimes for which penalties are imposed that are not related to imprisonment. In order to increase the effectiveness of the prevention of repeated crimes of foreign migrants after serving or executing non-custodial sentences, it is proposed to consider four groups of specific factors: 1) political factors that led to the commission of the first and subsequent crimes; 2) shortcomings in legislation as a factor that does not deter the criminality of migrants; 3) factors related to the activities of courts and law enforcement agencies (shortcomings); 4) weak interaction with law enforcement agencies of foreign states whose citizens commit crimes on the territory of the Russian Federation. Logically formulated solutions are proposed for each group of factors.
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Pina-Sanchez, Jose, and John Paul Gosling. "Enhancing the Measurement of Sentence Severity through Expert Knowledge Elicitation." Journal of Legal Research Methodology 2, no. 1 (2022): 26–45. http://dx.doi.org/10.19164/jlrm.v2i1.1241.
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Quantitative research on judicial decision-making faces the methodological challenge of analysing disposal types that are measured in different units (e.g. money for fines, days for custodial sentences). To overcome this problem a wide range of scales of sentence severity have been suggested in the literature. One particular group of severity scales that has achieved high validity and reliability are those based on Thurstone’s pairwise comparisons. However, this method invokes a series of simplifying assumptions, one of them being that the range of severity covered by different disposal types is constant. We undertook an expert elicitation workshop to assess the validity of that assumption. Responses from the six criminal law practitioners and researchers that participated in our workshop unanimously pointed at severity ranges being highly variable across disposal types (e.g. much wider severity ranges were identified for suspended custodial sentences than for fines). We used this information to re-specify Thurstone’s model allowing for unequal variances. As a result, we obtained a new, more robust, scale of sentence severity.
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Расторопов, С. В. "ON NON-CUSTODIAL SENTENCES." Vestnik Samarskogo iuridicheskogo instituta, no. 3(54) (October 16, 2023): 53–57. http://dx.doi.org/10.37523/sui.2023.54.3.008.
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Вопрос о расширении перечня наказаний, не связанных с лишением свободы, а также практики их применения в отношении наибольшего количества совершаемых преступлений является сложным и требует обоснованных научных дискуссий. Исследование, обсуждение и обратная связь с правозащитными организациями, учеными и обществом в целом помогут принять взвешенное решение по поводу расширения перечня наказаний, не связанных с лишением свободы. Ответ на этот вопрос может зависеть от многих факторов, включая социальные потребности, этические и правовые принципы, а также эффективность различных наказаний. В конечном итоге решение о расширении перечня наказаний требует баланса между защитой прав человека и интересами общества в целом. В статье предлагается классификация наказаний. Представлены категории преступлений, в отношении которых назначение наказания в виде лишения свободы может быть нецелесообразным или непродуктивным: мелкие преступления; преступления, связанные с наркотиками; преступления, связанные с ментальными заболеваниями. В заключение делается вывод, что наказания, не связанные с лишением свободы, могут быть более экономически эффективными, поскольку снижают затраты на содержание осужденных, увеличивают производительность труда и устраняют причины повторных преступлений. The issue of expanding the list of non-custodial punishments, as well as the practice of their application in relation to the largest number of crimes committed, is complex and requires sound scientific discussions. Research, discussion and feedback from human rights organizations, scientists and society as a whole will help to make an informed decision on expanding the list of non-custodial punishments. The answer to this question may depend on many factors, including social needs, ethical and legal principles, as well as the effectiveness of various punishments. Ultimately, the decision to expand the list of punishments requires a balance between the protection of human rights and the interests of society as a whole. The article proposes a classification of punishments. The categories of crimes in relation to which the imposition of a custodial sentence may be impractical or unproductive are presented: minor crimes, drug-related crimes, crimes related to mental illnesses. In conclusion, it is concluded that non-custodial punishments can be more cost-effective, since they reduce the cost of maintaining convicts, increase labor productivity and eliminate the causes of repeated crimes.
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Nir, Esther, and Elizabeth Griffiths. "Sentencing on the Evidence." Criminal Justice Policy Review 29, no. 4 (2016): 365–90. http://dx.doi.org/10.1177/0887403416635248.
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The type and quantity of evidence in a case is a critical factor for deciding guilt but should have little or no influence on the sentencing determinations of judges post conviction; this is because case evidence goes to guilt decisions by triers of fact, whereas sentences are imposed upon those already convicted. This study examines the effects of evidentiary type and the total quantity of physical evidence in a case on length of custodial sentence. The results demonstrate that violent felony cases with forensic evidence and those cases with more varied pieces of physical evidence result in longer custodial sentences for convicted defendants. Thus, the findings indicate that inculpatory evidence in criminal trials has enduring effects post conviction and, more broadly, suggest that judicial discretion at sentencing is, at least in part, influenced by the judge’s confidence in the defendant’s guilt.
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López-Gudiño, Estéfany Milena, and Willam Enrique Redrobán-Barreto. "The appeal in traffic violations, and the effectiveness in sentences of less than 15 days." Revista Metropolitana de Ciencias Aplicadas 6, Suplemento 1 (2024): 6–11. http://dx.doi.org/10.62452/p21d4571.
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The appeal in traffic violations can be controversial, within convictions with custodial sentences of less than 15 days; since it becomes difficult to determine if this resource can be corrected in less time than the one that corresponds to the sentence and if not, it could not be considered that it has an effectiveness in itself, since the object of this resource is to be able to release the defendant of having to spend time in prison. In this article, what is expected is to be able to determine if there are ways through the judicial party, so that the appeal takes effect on the deprivation of liberty of the accused, in the case of being accepted or that other mechanisms could be implemented, to that the person convicted of an alleged infraction can defend himself and not serve an imposed sentence when it is considered that a substitute measure such as community work or ordinary justice can be implemented. A doctrinal and jurisprudential analysis is carried out on how traffic appeals should be processed, especially in violations with a custodial sentence to prevent innocent people from being deprived of their liberty and guilty people from being able to evade judicial provisions. through mechanisms that are used daily.
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McGrath, Andrew, and Don Weatherburn. "The effect of custodial penalties on juvenile reoffending." Australian & New Zealand Journal of Criminology 45, no. 1 (2012): 26–44. http://dx.doi.org/10.1177/0004865811432585.
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This study uses propensity score matching to test the proposition that imprisonment deters future criminal activity among juvenile offenders. Using data from all court appearances of juveniles in the NSW Children’s Court (Australia) between 2003 and 2004 ( N = 6196), the reoffending of a group of young offenders sentenced to control (i.e. custodial) orders ( N = 376) was compared to a matched group of offenders receiving community-based sanctions. No differences were observed between the two groups. The young offenders given detention orders had a slightly lower rate of reoffending, but this difference was not significant. The results of this study indicate that, over the time period examined in this study, the imposition of a custodial sentence had no effect on the risk of reoffending.
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Wermink, Hilde. "Short-term sentence, long-term effects?" EU Research Winter 2022, no. 33 (2023): 54–55. http://dx.doi.org/10.56181/kbry4246.
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Short-term prison sentences are commonly imposed for certain types of crimes, while other offenders may receive a non-custodial sanction like community service. What is the effect of short-term imprisonment on criminal behaviour? Does it lead to reduced rates of re-offending? These questions are at the core of Professor Hilde Wermink’s research.
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Pina-Sánchez, Jose, Carly Lightowlers, and Julian Roberts. "Exploring the punitive surge: Crown Court sentencing practices before and after the 2011 English riots." Criminology & Criminal Justice 17, no. 3 (2016): 319–39. http://dx.doi.org/10.1177/1748895816671167.
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The English summer riots of 2011 resulted in the criminal justice system having to process an unprecedented number of offenders in a short timeframe. This study explores sentencing practice in the wake of the riots using the 2011 Crown Court Sentencing Survey. A multilevel model was implemented to specify the probability of receiving a custodial sentence for offences of commercial burglary. This model allows exploring differences in sentencing before and after the riots. An increased probability of receiving a custodial sentence in the post-riot period was identified. An increase in variability was also detected, changing from a state of almost perfect consistency to one in which substantial variation was observed between courts. Custodial rates for burglary increased to a level associated with more serious offences, thereby undermining the principle of proportionality. This, as well as the increased dispersion between courts, challenges other principles such as legal certainty and transparency.
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Lascano-Sinchiri, Pamela Cristina, and Karina Dayana Cárdenas-Paredes. "Post-penitentiary labor insertion of prisoners." Revista Metropolitana de Ciencias Aplicadas 6, no. 1 (2023): 213–22. http://dx.doi.org/10.62452/wcayf013.
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The post-custodial labor insertion of persons deprived of liberty has been quite a big problem nowadays, since, when people leave rehabilitation centers and serve their sentence for any crime they have committed, they do not manage to insert themselves clearly into society in various areas, since they are often discriminated against, which causes them to be unable to get a job. This research is carried out with the objective of analyzing the situation of persons deprived of liberty within the Social Rehabilitation Centers and after completing their sentence, because, being groups of priority attention recognized in state and international regulations, the rights of these groups are not guaranteed, among these, the right to work, However, in the absence of rehabilitation and reeducation, social reintegration does not exist and these people tend to reoffend in the criminal behaviors for which they were sentenced. The result to be achieved within this research is reflected through the inductive and deductive methods, as well as using the bibliographic, historical-logical review to determine the most important aspects of the post-custodial labor insertion of persons deprived of liberty in Ecuador.
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Berger, Elizabeth, and Kent S. Scheidegger. "Sentence Length and Recidivism." Federal Sentencing Reporter 35, no. 1 (2022): 59–72. http://dx.doi.org/10.1525/fsr.2022.35.1.59.
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In response to prison overcrowding concerns in recent years, many U.S. officials have undertaken efforts to reduce sentence lengths for certain crimes. However, it is unclear how these changes affect recidivism rates. Among the research on incarceration and recidivism, the majority of studies compare custodial with noncustodial sentences, while fewer examine the impact of varying incarceration lengths. This article reviews the research on the latter. Overall, the effect of incarceration length on recidivism appears too heterogeneous to draw universal conclusions, and findings are inconsistent across studies due to methodological limitations. For example, many study samples are skewed toward people with shorter sentences while others include confounds that render results invalid. Of the studies reviewed, some suggested that longer sentences provide additional deterrent benefits in the aggregate, though some studies also had null effects. None suggested a strong aggregate-level criminogenic effect. We argue that a conclusion that longer sentences have a substantial criminogenic effect, large enough to offset incapacitative effects, cannot be justified by the existing literature.
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Ermakov, Dmitry N. "The system of punishments in the People’s Republic of China not related to deprivation of liberty." Gosudarstvo i pravo, no. 11 (2022): 165. http://dx.doi.org/10.31857/s102694520022771-9.
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The system of applying non-custodial punishments is designed to help reduce the costs of applying a custodial sentence and is a trend of spreading the punishment of offenders by a method unrelated to detention. Correction by measures of public influence and injunction are important types of punishment, which are part of the system of punishments not related to imprisonment in the People’s Republic of China, effectively contributing to the re-education of offenders. Improving the system of correction of offenders through the use of public pressure measures and injunctive relief is of great importance for the implementation of non-custodial punishments.
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Zahars, Vitolds, and Māris Stivrenieks. "THE SECURITY ASPECTS OF PRISONS." Administrative and Criminal Justice 1, no. 70 (2015): 35. http://dx.doi.org/10.17770/acj.v1i70.4323.
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Nowadays the prisons management and process control are based not only to physical security of prisons (premises, buildings, engineering equipment and technological equipment), but more to dynamic security (positive relationship between prison staff and inmates, based to rigidity and equity). The article reflects the results of the research about custodial sentence enforcement aspects of security in Latvian prisons. In this research are highlighted specificities of custodial sentence enforcement aspects of security in imprisonment places from point of view of rights of the custodial sentence enforcement law and practice. In this research are identified issues of the problem and suggested possible solutions. Within the framework of the research the norms of the Sentence Execution Code of Latvia, Prisons Administration Act and Regulations No.423 of the Cabinet of Ministers of May 30, 2006 – Internal rules of Penitentiary institutions, have been analyzed based on the safety aspects of the prison and its compliance with the requirements of generally accepted human rights, the Council of Europe and international norms and standards. Within the research the scientific literature and viewpoints from legal experts have been collected and analyzed. The aim of the research is to show, that the safety aspects of the prisons are insufficiently and inaccurately regulated and requires a deeper analysis. On the bases of this research were developed series of recommendations for prison staff to comply with the safety aspects of prisons as well as the necessity to make amendments in norms of the Sentence Execution Code of Latvia, Prisons Administration Act and Regulations No.423 of the Cabinet of Ministers of May 30, 2006 – Internal rules of Penitentiary institutions.
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Ortynskyi, Volodymyr, and Nataliіa Slotvinska. "Probationary Supervision as a Form of Non-Custodial Punishment." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 44 (2024): 1–7. https://doi.org/10.23939/law2024.44.001.
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Abstract. The article establishes that the harmonization of national legislation with European standards, which support the development of the probation system as an essential component of a rule-of-law state; the reduction of expenses related to the incarceration of large numbers of prisoners through the introduction of alternative, less resource-intensive punishments; the drive towards the humanization of sentences by offering offenders opportunities for rehabilitation and reintegration into society without isolation; and the reduction of recidivism and reentry of citizens into society – are all key factors that have paved the way for the introduction of a new form of punishment: probationary supervision. It has been determined that the judicious application of these outlined restrictions, in conjunction with social-educational and supervisory measures that take into account the offender’s personal background, history of offenses, and the risk of reoffending, can be an effective tool for rehabilitating individuals without societal isolation and for preventing new criminal offenses by both those sentenced to probationary supervision and others. At the same time, achieving this result is only possible through a comprehensive approach by specialists, which includes an individualized approach that considers psychological, social, and economic factors influencing the behavior of the offender, alongside proper supervision of each probationer. At the same time, a formal approach by the court in sentencing, as well as by the probation authority in enforcing the sentence, cannot achieve the goal of effective justice. Thus, it is emphasized that the presence of probationary supervision as a type of punishment within Ukraine’s penal system obligates the state to establish an effective control and support system. This system should include the development of a network of probation centers, the preparation of qualified professionals, and the provision of legal protections for probationers. Only with this approach can the effective prevention of repeat offenses be ensured, as well as the social adaptation of individuals serving sentences without isolation from society. Keywords: alternative measure; humanization of punishment; convicted person; non-custodial punishment; probation; probationary supervision; penal system.
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Juodraitis, Adolfas, Remigijus Bubnys, and Odeta Šapelytė. "Self-Evaluation Dimensions of Criminal Activity and Prospects Simulation of Persons Serving Custodial Sentence." Behavioral Sciences 9, no. 7 (2019): 75. http://dx.doi.org/10.3390/bs9070075.
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The article presents the self-evaluation indicators of the causes of criminal behavior committed by persons serving a custodial sentence at X institution, focusing on imprisonment and modeling of life prospects after release from prison. The main idea of the study is to reveal the subjective self-evaluation experience of persons serving custodial sentence with regard to criminal activity and simulation of future prospects. The scientific discussion of the article presents incarcerated persons’ (N = 58) subjective self-evaluation data collected during the qualitative research and their theoretical-practical interpretation. Convicted persons’ subjective self-evaluation and prospects simulation data enable stating certain features showing the discrepancy between their disposition and achievement of resocialization goals. This confirms the insufficiently interiorized reasonableness of punishment, personal perception, and realized motivation to change.
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Kłak, Czesław Paweł. "Execution of imprisonment during the COVID-19 epidemic." Probacja 3 (September 30, 2022): 65–101. http://dx.doi.org/10.5604/01.3001.0015.9668.
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The article presents an analysis of the relationships related to the execution of a custodial sen-tence in the period of an epidemic threat or state of epidemic announced due to COVID-19 – a break in the execution of a custodial sentence, placing a convict in an appropriate treatment facility and ”remote” treatment penitentiary court. These solutions have been in force until now, but it is postulated that the court will not be able to hold meetings in executive proceed-ings in a ”remote” form ”permanently”.
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Cracknell, Matthew. "Post-sentence supervision: A case study of the extension of community resettlement support for short sentence prisoners." Probation Journal 67, no. 4 (2020): 340–57. http://dx.doi.org/10.1177/0264550520942834.
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Introduced under the Transforming Rehabilitation reforms, the Offender Rehabilitation Act 2014 created a period of post-sentence supervision (PSS) after licence for individuals serving short custodial sentences. This empirical study features on the ground views and perspectives of practitioners and service users of PSS in one case-study area. Findings from this research suggest a number of issues and ambiguities with the enactment of the sentence. These include ambiguities regarding the correct use of enforcement procedures; the antagonistic relationship between third sector and Community Rehabilitation Company staff, primarily centred around transferring cases and concerns over the use of ‘light touch’ supervision and uncertainties over what the rehabilitative aims of this sentence mean in practice. These issues led to practitioners questioning the legitimacy of the third sector organisation involved in the management of PSS, while service users experienced PSS as a frustrating ‘pass-the-parcel’ experience, where resettlement support was constantly stalled and restarted at each juncture of the sentence. Before briefly discussing the potential future of PSS under the next iteration of probation policy, this article concludes by arguing that there is emerging evidence of a commonality of failures occurring at every juncture of the short sentence, undermining resettlement prospects for the long-neglected short sentence population.
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Bülow, William. "Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction." Canadian Journal of Law & Jurisprudence 32, no. 02 (2019): 285–303. http://dx.doi.org/10.1017/cjlj.2019.16.
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AbstractImprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks being a disproportionate or inappropriate sanction, retributivists need to explain how a prison term can be warranted as the backup sanction for those who breach the requirements of their non-custodial sentence, even though their original crime wasn’t serious enough to warrant imprisonment in the first place. The aim in this paper is to critically assess the extent to which retributivists can justify the use of imprisonment as the ultimate back-up sanction. In doing so, I first examine two broad strategies that are discussed in the literature, and which retributivists could employ in order to respond to this problem. The first strategy stresses how desert has only a limited role in sentencing such that it demarcates a range of deserved punishment. On this view, associated with limiting retributivism, one could initially opt for a less harsh yet deserved punishment, leaving room for the imposition of back-up sanctions when needed. The second strategy focuses on how the act of breach is a reprehensible act that can allow for a penalty increase, and thereby lead to imprisonment. Although it is argued that both strategies fail, the paper proposes an alternative solution to this problem.
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Mikola, Milko. "Mladoletni obsojenci v Sloveniji v obdobju 1945–1953." Dileme : razprave o vprašanjih sodobne slovenske zgodovine 2, no. 1 (2018): 95–121. http://dx.doi.org/10.55692/d.18564.18.3.
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In his contribution, the author deals with the issue of juvenile convicts in Slovenia who were serving their sentence of deprivation of liberty with forced labour and deprivation of liberty in the period 1945–1953. The emphasis lies on listing the penal institutions in which the juvenile convicts served their custodial sentence. Furthermore, the regime in such institutions is described. The author finds that until 1953 juvenile convicts served the two types of sentences alongside adult convicts in the same penal institutions and were subject to the same regime. Their situation began improving only after 1951, when they were separated from the adult convicts in the correctional facilities in Maribor and Rajhenburg. They were finally completely separated in July 1953, when they were relocated to the Radeče Correctional Facility where a special department was founded specifically for them.
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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 on the institution of appealing the postponement, and modifi cation of the decision pursuant to Article 24 of the Executive Penal Code. The study uses the method of dogmatic analysis, emphasizing, albeit with diff erent intensity, elements such as: description and systematization of legal norms, their interpretation as well as establishing and defi ning concepts. In the opinion of the author, the issue of the grounds for ending a postponement of a custodial sentence is, on the one hand, an attractive area of scientifi c research from a theoretical perspective. On the other hand, it is an important problem faced in the practice of judicial authorities. It is also a subject to which science seems to devote too little attention. Such a state of aff airs undoubtedly determines the need for scientific of the subject under consideration. Its results allow for the conclusion that the current legal regulation requires correction, the direction of which, by indicating the proposed changes to the applicable regulations, is presented by the author in this study.
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Иваньков, И. А. "On the concept of prompt investigation in institutions executing custodial sentences." Penitentiary Science, no. 3(59) (September 30, 2022): 293–301. http://dx.doi.org/10.46741/2686-9764.2022.59.3.007.
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Введение: статья посвящена анализу дефиниции оперативного поиска как организационно-тактической формы оперативно-розыскной деятельности при обеспечении поддержания правопорядка в исправительных учреждениях. Цель: на основе анализа научных источников выработать определение оперативного поиска для обеспечения правопорядка оперативными подразделениями уголовно-исполнительной системы при исполнении наказания в виде лишения свободы. Методы: сравнительно-правовой, эмпирические методы описания и интерпретации, теоретические методы формальной и диалектической логики. Результаты: анализ источников по рассматриваемому вопросу позволил сформулировать определение оперативного поиска применительно к деятельности оперативных подразделений исправительных учреждений по поддержанию правопорядка при исполнении наказания в виде лишения свободы. Выводы: высказаны суждения относительно особенностей оперативного поиска при исполнении наказания в виде лишения свободы, направленные на повышение эффективности понимания данной тактической формы оперативно-розыскной деятельности. Introduction: the article is devoted to the analysis of scientific sources on the definition of prompt investigation as an organizational and tactical form of law enforcement intelligence operations to ensure maintenance of law and order in correctional institutions. Purpose: based on the analysis of literary sources, to develop a definition of prompt investigation for operational units of the penal system to ensure law and order when executing a sentence of imprisonment. Methods: comparative legal, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Results: the analysis of literary sources on the issue under consideration made it possible to formulate the definition of prompt investigation in relation to activities of operational units of correctional institutions to maintain law and order in the execution of custodial sentences. Conclusions: the author made proposals on prompt investigation features when executing a sentence in the form of imprisonment, aimed at improving effectiveness of understanding this tactical form of prompt investigation activity.
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Aleknevičienė, Jolanta, Ignė Kalinauskaitė, and Loreta Matačiūtė. "The Construction of Lithuanian Prison Sentence Assumptions in Critical Criminology Perspective: an Analysis of the Goals of Imprisonment." Kriminologijos studijos 9 (October 28, 2022): 232–53. http://dx.doi.org/10.15388/crimlithuan.2021.9.9.
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The declared aims of custodial sentencing worldwide and in Lithuania are to protect society from crime and reduce recidivism; it is agreed that these aims can be achieved only when the duration of imprisonment is devoted to the prisoner’s gradual return to society (UNODC 2015). However, the newest Lithuanian strategic documents note that the sentencing system does not promote the change of prisoners’ criminal habits, offender resocialization is fragmented, and prison staff carries out offender protection and surveillance, not resocialization and social help (LR Vyriausybė 2021b). By building upon the ideas of social constructionism tradition (Berger and Luckmann 1999) and critical criminology (Christie 1999; Hulsman 1997; Quinney 2004; Mathiesen 2006), this paper analyzes the aims of custodial sentencing in the context of Lithuanian penal system’s reform and specifies possible implementational problems of declared aims of imprisonment. Document analysis showed that the raising and naming of imprisonment problems are conditioned by the commitment to international organizations and projects, as well as the cascading aims of the Lithuanian political agenda. In Lithuania, the purposes of custodial sentencing continue to be relatively general and instrumental. They are used to justify current and future means of reform while it is expected of correctional facilities to provide long-term positive influences on a person and fulfill quantitative indicators. We presume that resocialization and social integration ideas, as the main declared aim of custodial sentencing, are “imprisoned” in political discourse, which lacks critical analysis and does not provide much chance for success.
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Mrozek, Kamila. "Policy on the application of conditional early release in Poland for the years 2014–2023." Nowa Kodyfikacja Prawa Karnego 70 (February 26, 2025): 61–69. https://doi.org/10.19195/2084-5065.70.6.
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Conditional early release from the remainder of a prison sentence is a key institution in the regulation of the penitentiary population. The subject of this study is an analysis of the policy on the use of conditional early release from the remainder of the prison sentence between 2014 and 2023. The title institution has been assessed from the perspective of the number of convicts serving custodial sentences, the initiative of the bodies entitled to submit applications on this subject, and changes in the number of successful and unsuccessful applications. The analysis confirmed a clear decrease not only in the number of successful applications, but also in the interest of convicts in the title institution itself. It can be assumed that this is due to the nature of the penal and penitentiary policies implemented in recent years, i.e., the actual tightening of the repressive and isolation functions of imprisonment. This observation is confirmed by the numerous amendments to the penal codification tightening, inter alia, the grounds for applying for conditional early release from the remainder of the prison sentence.
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Antunes, Maria João, and Pedro Caeiro. "Preventive Custodial Measures in Portuguese Law." European Criminal Law Review 12, no. 3 (2022): 355–67. http://dx.doi.org/10.5771/2193-5505-2022-3-355.
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This article addresses the preventive custodial measures provided for by Portuguese law. First, the authors describe penal sanctions, with a special focus on the ‘relatively indeterminate sentence’, which can be regarded as a hybrid between punishment and security measures, drafted by the legislator as a tool to control individuals who have offended before and are likely to re-offend. In the second place, the authors analyse the application of custodial security measures to offenders who, despite being criminally liable, suffer from a mental illness which significantly diminishes their ability to understand the unlawful nature of their acts and are therefore prone to offend again. Finally, the authors look at the preventive detention of suspects under certain circumstances, and the compulsory internment of psychiatric patients.
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Mucha, Dariusz. "Zgoda skazanego na orzeczenie kary ograniczenia wolności – fikcja czy prawda?" Opolskie Studia Administracyjno-Prawne 14, no. 1 (2016): 77–89. http://dx.doi.org/10.25167/osap.1579.
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In the introductory part, the paper refers briefly to the historical interpretation of the provision of article 35 § 3 of the Polish Penal Code on the basis of further amendments to the Polish Penal Code of 1997 as well as contradictory ideas concerning its interpretation. Further on, the issue concerning the interpretation of the legal norm of article 35 of the Polish Penal Code is described on the basis of its current wording, taking into consideration the legal doubts connected with it that may come about when applying this regulation in practice. The paper also attempts to explain the role of the possible consent of a convict to pass on them a custodial sentence from the perspective of not only the court, but also and mainly the defendant themselves as well as their defence counsel. This issue is discussed taking into account the situation both before and after the custodial sentence has been imposed on a given perpetrator.
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Idowu, Joan. "Redefining the clinical workspace." Clinical Psychology Forum 1, no. 335 (2020): 17–20. http://dx.doi.org/10.53841/bpscpf.2020.1.335.17.
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The article below summarises the experiences of an assistant psychologist in a newly developed service for offenders accessing mental health support as an alternative to a custodial sentence. The article focuses on the assistant psychologist’s role in the service, cultural diversity and the challenges faced during the pandemic.
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Agabekyan, Alla L. "The COVID-19 pandemic in places of detention and its impact on the use of alternative sanctions." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 42 (2021): 5–19. http://dx.doi.org/10.17223/22253513/42/1.
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The COVID-19 pandemic has led to economic, political and social crises and has also exposed a number of problems in the penitentiary systems of states. The article analyses both the negative and positive consequences of the spread of coronavirus in prisons and pre-trial detention facilities. Overcrowding in prisons remains the most important reason for the increased risk of infection within prisons, leading to violations of prisoners' rights. The paper examines the problems associated with health care and hygiene in prisons. Based on the experience of foreign countries, a comparative legal analysis is made of the range of restrictive measures taken by states due to the pandemic. For example, measures to release convicts in Germany, France and Iran are described; the minimisation of custodial sentences in the UK is noted. The issue of the violation of convicts' rights to receive visits from relatives and close friends, as well as lawyers and representatives of public organisations, is thoroughly investigated. In this connection, particular attention is paid to international instruments guaranteeing the protection of convicted persons against torture and other cruel, inhuman or degrading treatment. The entire international community - international organisations such as the UN, WHO, PRI, Human Rights Watch and others - has engaged in addressing these problems. The way out of the crisis is seen in the use of non-custodial measures at all stages of criminal justice administration, including at the pre-trial and trial stages, as well as after sentencing. At the pre-trial stage, it is preferable to impose non-custodial measures and to replace pre-trial measures with alternatives, as appropriate; at the trial stage to impose non-custodial sentences; at the post-trial stage to choose one of the optimal solutions for a given state during an emergency situation: early release (unconditionally), conditional release, temporary release, replacement of the sentence with a milder non-custodial one, as well as amnesty Particular attention is paid to preventive measures taken by the Russian Federal Penal Correction Service and to proposals for improving the legislation and law enforcement activities of the authorities. Given the global trend towards a decrease in the use of imprisonment and an increase in the proportion of prisoners serving sentences without isolation from society, the author proposes reforms in the application of "community" sanctions and measures by creating or strengthening probation systems.
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Delibašić, Veljko, and Tijana Kostić. "Certain contentious issues related to the suspended sentence." Crimen 11, no. 3 (2020): 235–54. http://dx.doi.org/10.5937/crimen2003314d.
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This paper addresses the issue of suspended sentence since it is a criminal sanction frequently applied in Serbia and statutory provisions regulating suspended sentence are also subject to frequent modification which altogether emphasizes the need of its continuous study. Within the general purpose of criminal sanctions, the purpose of a suspended sentence is to avoid imposing the sentence on an offender for a minor offence in cases when it can be reasonably expected that a warning with a threatened sentence shall suffice to prevent the offender from perpetrating other crimes. Suspended sentence can be granted only when the offender has been sentenced to less than two years imprisonment, however, on condition (which was tightened in 2019) that the crime does not fall within the category of criminal offences for which an eight-year prison sentence (before it was 10 years) or longer can be delivered. Subjective reasons due to which suspended sentence cannot be granted have been also extended, so therefore, suspended sentence can be granted only if more than five years have elapsed from the time the judgment became final by which the offender was sentenced either to imprisonment or was pronounced a suspended sentence for a crime with premeditated intent. In view of the fact that a fine is still a form of punishment and, accordingly, a stricter criminal sanction than suspended sentence which is a non-custodial measure meaning a more lenient sanction, it would be quite acceptable if the legislator, as a limiting factor, also envisaged a fine for a crime with premediated intent. As regards a five year term calculated from the finality of judgment, a better solution would be that the period be calculated from the day of the sentence being served, prescribed or the day a pardon has been granted, i.e. from the day when the adherence monitoring period to probation conditions has expired. Furthermore, recently introduced statutory solutions would result in decrease in the number of suspended sentences in criminal sanctions structure. When it comes to suspended sentence supervision order, as it is rarely applied, it is necessary that minimum effort be invested in providing material conditions and human resources for carrying out this sanction which was found to be effective in many countries. A serious omission of legislators is that the Criminal Procedure Code, when defining the institution of hearing for pronouncing a criminal sanction, leaves an option to the public prosecutor to propose passing of a suspended sentence with determining fine, which is contrary to the Criminal Code. This omission should be corrected by giving priority to the Criminal Code i.e. by excluding the option for the public prosecutor to propose such a sanction.
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Dellaportas, Steven. "The effect of a custodial sentence and professional disqualification on reintegration." Critical Perspectives on Accounting 25, no. 8 (2014): 671–82. http://dx.doi.org/10.1016/j.cpa.2014.03.005.
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Pawłowska, Beata, and Ewa Rzeszutko. "Personality traits of drivers serving a custodial sentence for drink driving." Psychiatria Polska 49 (2015): 315–24. http://dx.doi.org/10.12740/pp/27823.
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Nielssen, Olav, Natalia YL Yee, Kimberlie Dean, and Matthew Large. "Outcome of serious violent offenders with psychotic illness and cognitive disorder dealt with by the New South Wales criminal justice system." Australian & New Zealand Journal of Psychiatry 53, no. 5 (2018): 441–46. http://dx.doi.org/10.1177/0004867418771751.
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Background: The few studies of the recidivism by people with psychotic illness and cognitive disorder who are convicted of serious violent offences and sentenced by the courts. Method: Re-imprisonment data were obtained for 661 individuals convicted of serious non-lethal violent offences in the District Courts of New South Wales in the years 2006 and 2007. Rates of re-imprisonment of offenders known to psychotic illness or cognitive disorder (intellectual disability or acquired brain injury) was compared to those not known to have those conditions. A survival analysis was performed controlling for the effects of male sex, having a report by a mental health professional at the initial sentencing and receiving a custodial sentence for the initial offence. Results: There was no significant difference in the overall likelihood of further imprisonment between those with psychotic disorder (53.7%), those with cognitive disorder (50.7%) or among those with neither condition (45.2%; χ2 = 2.22, p = 0.33). A Kaplan–Meier analysis found that people with a psychotic disorder were returned to custody earlier than those not known to have psychosis ( p = 0.002). People with psychosis spent a non-significantly greater time in custody (mean 477 days) than those with a cognitive disorder (mean 334 days) or among those with neither condition (mean 348 days) (Mann–Whitney Z-score = 1.5, η2 = 0.003, p value = 0.13). For the entire sample of 661 offenders, those who received non-custodial sentences for their initial offences had a lower likelihood of spending any time in custody in the follow-up period. Conclusion: The likelihood of returning to custody of sentenced violent offenders with psychotic illness or cognitive disorder is higher than that of released forensic patients in New South Wales followed up for a similar period. The results suggest an opportunity to improve the outcome of offenders with psychosis by better treatment and rehabilitation.
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CRUDU, Alexandr. "Evaluation of convicts for progressive planning of the execution of the custodial sentence." Anale Ştiinţifice ale Academiei "Ştefan cel Mare" a Ministerului Afacerilor Interne al Republicii Moldova. Știinţe juridice . 14 (November 8, 2021): 300–307. https://doi.org/10.5281/zenodo.5654132.
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This article highlighted the important nature of the first execution-criminal phase, such as the evaluation of convicts in order to progressively plan the execution of the custodial sentence. In addition, important aspects have been analyzed regarding the evaluation tools available for the specialized staff involved in this process, as well as the types of results that these tools offer. Also, during the research, the categories of risks and needs of the convicts were analyzed, which are important for the proper baking of the execution of the sentence. Finally, recommendations were made to amend the internal procedures for assessing convicts in order to improve this process.
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Mrozek, Kamila. "Fakultatywna podstawa odroczenia wykonania kary w kodyfikacji karnej z 1997 roku." Nowa Kodyfikacja Prawa Karnego 54 (April 28, 2020): 129–38. http://dx.doi.org/10.19195/2084-5065.54.6.
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The study contains a synthetic analysis of the optional basis for postponing the exe-cution of a custodial sentence. Considerations began with recalling the shape of the insti-tution under the previous codification. Then, all the amendments pursuant to Art. 151 of the Executive Penal Code made under the current law were analysed. Particular attention was paid to changes devoted to the legal privileges of pregnant women and persons taking care of children up to 3 years after birth and postponing the execution of the sentence for systemic reasons, completely independent of the convict, and related to overcrowding in Polish penitentiary units. 
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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 convict suffered a violation of conditions of detention. The question is whether compensatory remedies for inhuman conditions of detention are applicable to persons sentenced to life imprisonment.
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Adilbekova, Anastasiya. "The concept of probation and the implementation of probation control over persons with a suspended sentence in the Republic of Kazakhstan." International penitentiary journal 3, no. 1 (2021): 26–30. http://dx.doi.org/10.33463/2712-7737.2021.03(1-3).1.026-030.
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The article is devoted to the issues related to the formation of the state probation service in the Republic of Kazakhstan and the legislative regulation of its activities. Possible prospects for the development of this service are outlined, taking into account foreign experience, and some aspects of improving the system of execution of non-custodial sentences are also studied. Probation is presented as criminal supervision (criminal guardianship). Based on the conducted research, the author comes to the conclusion that probation should be understood as a set of measures aimed at social rehabilitation and adaptation, protection of the legal rights and interests of persons who have been prosecuted and found themselves in the current difficult life situation, as well as control and supervision of their behavior. The essence of probation is that, along with serious restrictions on the daily living conditions of the offender, in case of violation of the order and conditions of serving a sentence without deprivation of liberty, probation period of a suspended sentence, they can be replaced by real imprisonment.
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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 execution of the community sentence and to rigours related to it. Considerations undertaken are based on the solution provided for in Art. 65A of the Executive Penal Code, besides include a dogmatic analysis, focused on the assessment of the character of the institution which is subject of this article. The author notes the absence of legislative consistency — in the context of the ratio legis of the analysed solution — considering the fact, that the title construction is based exclusively on the Court’s discretion.
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Filatyev, Vladislav A. "Features of the motivation and appeal of a sentence in part of applying remand in custody." Vestnik Tomskogo gosudarstvennogo universiteta, no. 476 (2022): 268–77. http://dx.doi.org/10.17223/15617793/476/29.
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The study aims to (1) determine whether it is legitimate to choose a custodial measure of restraint to ensure the execution of the penalty of imprisonment under a sentence that has not entered into legal force and (2) assess, from the perspective of the principle of completeness and effectiveness of judicial protection, the possibility of appeal against the measure of restraint separately from the sentence. To reach the aim, constitutional legal and comparative legal approaches to the study of criminal procedural regulation and practice of its application were used. The author analyzed materials of criminal cases that ended with a sentence with a measure of restraint, including those subsequently appealed, conducted a survey and interviews with judges, used personal experience as a defense lawyer and representative of applicants in preparing and filing complaints to the Constitutional Court of the Russian Federation. As a result, the author found that the courts regard a guilty sentence with a sentence of real imprisonment as sufficient grounds for remanding a defendant in custody. Differences with the practice of several countries in Western Europe, in which persons convicted to imprisonment who are not in custody independently follow to the place of serving their sentence, were established. The author shows that the Russian practice of the “automatic” remanding in custody of a convicted person under the sentence which has not come into legal force contradicts the principle of presumption of innocence. It is recommended that in such cases the necessity for remanding in custody be assessed with due regard to the factor of the convicted person's evasion of punishment. The author demonstrates that the law does not provide a mechanism allowing the court to draw a reliable conclusion about a significant increase - in connection with the sentence - in the risk of evasion and to motivate its decision on the issue of the measure of restraint. The very possibility of creating such a mechanism is questioned. The author gives a critical assessment of the legal positions of the Constitutional Court of Russian Federation which do not allow to appeal the custodial measure of restraint separately from the sentence. The author concludes that the arguments given in the complaint on the measure of restraint, which are not related to challenging the sentence, can be considered by the court of appeal without delay. Proposals on the need to adjust the current legislation and law enforcement practice are formulated.
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Terblanche, Stephan S. "The Child Justice Act: Procedural Sentencing Issues." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (2017): 320. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2314.
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In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is sentenced to any form of imprisonment or to residence in a care centre. The article addresses the question of whether or not the reference to imprisonment includes alternative imprisonment which is imposed only as an alternative to a fine. It suggests that alternative imprisonment should, generally, not be imposed on child offenders. When an exception is not prevented because of the sentence, a pre-sentence report may be dispensed with only when the offence is a schedule-1 offence (the least serious class of offences) or when obtaining a report would prejudice the child. It is argued that these exceptions are likely to occur rather rarely. A final aspect of the Act’s provisions on pre-sentence reports is the requirement that reasons be given for a departure from the recommendations in a pre-sentence report. This requirement merely confirms the status quo. The Act permits the prosecutor to provide the court with a victim impact statement. Such a statement is defined in the Act. It is a sworn statement by a victim or someone authorised by the victim explaining the consequences to the victim of the commission of the crime. The article also addresses the issue of whether or not the child justice court might mero motu obtain a victim impact statement when the prosecution does not do so. Finally, the article addresses appeals against and reviews of the trial courts’ sentences. It notes that appeal by the child offender is made somewhat easier, as some child offenders need not obtain leave to appeal. These include children under the age of 16, or older children sentenced to imprisonment. Again, the meaning of “imprisonment” is at least somewhat ambiguous. The provisions on automatic review have attracted considerable judicial attention already. The majority of these judgments confirmed the apparently clear wording of the Act, in terms of which the cases of all child offenders under the age of 16 should be reviewed regardless of whether they were legally represented or of the sentence imposed. In the case of child offenders aged 16 or 17, only custodial sentences are reviewable. The judgments which found this to be an incorrect interpretation are dealt with in some detail, with the conclusion that they were incorrectly decided.
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BABAYAN, S. L. "Measures of Encouragement and Penalties Applied to Convicts Registered with Probation Inspectorates." Ius Publicum et Privatum 3, no. 13 (2021): 28–33. http://dx.doi.org/10.46741/2713-2811-2021-3-28-33.
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The article discusses the results of a study conducted in May 2021 by the Research Institute of the Federal Penitentiary Service of Russia on the application of incentive and penalty measures against individuals sentenced to non-custodial punishments. In order to streamline the measures of disciplinary responsibility in relation to those sentenced to compulsory labor we suggest that the Penal Enforcement Code of the Russian Federation should contain a measure of punishment in the form of a warning, and for positive stimulation of lawabiding conduct – measures of encouragement in the form of gratitude and early removal of a previously imposed penalty in the form of a warning. In relation to those sentenced to restriction of liberty we propose to establish a provision in the law that they are maliciously evading from serving a sentence if they have committed a violation of the order and conditions of serving a sentence within one year after the application of a penalty in the form of an official warning, repeated punishment in the form of an official warning. Only after that, it is advisable to submit to the court a presentation about replacing the unserved term with a punishment in the form of imprisonment. It is proposed to provide for the use of release on parole as the main type of encouragement.
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Tešović, Olga. "CONDITIONAL SENTENCE WITH PROTECTIVE SUPERVISION - concept, application, and relationship with other alternative sanctions and measures." Journal of Criminology and Criminal Law 60, no. 3 (2022): 77–104. http://dx.doi.org/10.47152/rkkp.60.3.5.
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The paper gives an overview of the concept and content of a conditional sentence with protective supervision according to the solutions in the Criminal Code of the Republic of Serbia, pointing out certain substantive inconsistencies and legal gaps. The author explains what significance this sanction should have in the system of non-custodial sanctions and measures, starting from international standards and comparative practice in this area. In addition to substantive law, the paper also analyzes the regulations related to the execution of this alternative sanction, as well as the situation with its application in practice. Special attention was given to the relationship of this alternative sanction with other alternative sanctions and measures, both with those that already exist in our positive law - house arrest, work in the public interest and the institute of settlement of perpetrators and injured parties, and with some non-custodial measures which originate from the Anglo-Saxon legal field - „shaming punishments“, which exist in the USA law. The aim of this paper is to point out the importance of this alternative sanction and its possibilities of improvement in terms of greater and more efficient application in practice.
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L.I., Olefir, and Demianenko Yu. O. "PROBLEM ISSUES OF UKRAINIAN LEGISLATION REGARDING CRIMINAL LIABILITY FOR AVOIDANCE OF SERVING SENTENCE IN THE COMMUNITY SERVICE FORM." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 1 (2020): 23–32. http://dx.doi.org/10.32755/sjcriminal.2020.01.023.
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The article addresses to the peculiarities of Ukrainian legislation in the process of application and implementation of criminal liability for avoidance of serving a sentence in the form of community service, as according to official statistics they are the most common of all types of criminal behavior of non-custodial prisoners. The conditions under which a convict cannot be prosecuted for violating labor discipline are analyzed, as well as the conditions under which criminal liability is applied for avoidance from serving a sentence in the form of community service. The article draws attention to the dilution of the concepts of “avoidance of punishment” and “non-execution of punishment”. The authors raise the issue of impunity for double or more disregard by convicts of the warning of the probation authority to his personal address, as well as the possibility of initiating disciplinary proceedings in such cases of violation of labor discipline, if they are committed at least repeatedly, but less than twice a month. The article reveals the meaning of the term “labor discipline” as an integral part of the activities of any enterprise, aimed at ensuring unity in achieving goals and acts as a necessary condition for any joint work. The conclusions state that the problem of accurately establishing the legal nature of avoidance of punishments not related to the isolation of a person from society could be solved in the case of a positive perception of the Ukrainian legislator’s opinion of domestic scholars on the distribution of criminal offenses, the experience of which has positive aspects. This would allow avoidance to be included in the category of criminal offenses according to the degree of their public danger. Key words: community service, avoidance of serving sentence, non-custodial sentence, community service, labor discipline.
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Beddiar, Nadia. "Gods and childhood: a perspective on the framework for freedom of religion in french young offenders institutions." Misión Jurídica 11, no. 15 (2018): 339–50. https://doi.org/10.25058/1794600x.915.
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Concerning childhood delinquency in France, the Child Protection and Juvenile Justice servicesenforces the judgements of juvenile courts : its services encompasses probation and non-custodial alternatives. Its leadership roleextends to young offenders institutions.When a custodial sentence in a Young Offenders Institution isimposed by the Juvenile Judge, the juvenileoffenderisremovedfromhisfamily and follows a full time educational programme in a specific institution. In thisway, the question of the freedom of religion and religious practice can arise in the particular legal system : French state have a specialpolitical and legal organisation about religions calledlaïcité.In the sameway, legislator reaffirm the importance of children’srights, but itexists a legal nuance about the freedom of religion for children. So, the balancing exercise between freedom of religion and respect for the principle of laïcitéisinteresting for understand the way the Child Protection and Juvenile Justice services use for protect this fundamental freedom.