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Journal articles on the topic 'Law of the execution of the punishments'
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1
Lozhkina, L. V. "CURRENT CRIMINAL LAW AND PENITENTIARY ASPECTS OF LIFE IMPRISONMENT." Bulletin of Udmurt University. Series Economics and Law 30, no. 4 (August 13, 2020): 554–60. http://dx.doi.org/10.35634/2412-9593-2020-30-4-554-560.
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The article examines current criminal-legal and criminal-executive aspects of punishment in the form of life imprisonment, in particular, the historical aspect of the appearance of this measure in the system of punishments, issues of parole. The problem points that characterize the current order of execution and serving of life imprisonment are identified, and options for resolving the problems considered are proposed. Attention is also paid to the analysis of corrective measures implemented in the execution of punishment. It is pointed out that it is expedient to allocate an independent section defining the features of the content of prisoners sentenced to life imprisonment, as it is done, for example, for persons held in locked rooms such as a penal isolation unit, cell-type rooms, as well as to allocate characteristics of the order and conditions of serving a sentence to separate norms, differentiating the punitive and correctional approach to prisoners.
2
Селезнев, Владимир, and Vladimir Seleznev. "Execution of Several Administrative Punishments." Journal of Russian Law 4, no. 2 (February 5, 2016): 0. http://dx.doi.org/10.12737/17648.
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Increasing of efficacy of judicial acts proceedings is an actual problem of the governmental management. There are many changes that have been inserted in Code of the Russian Federation on Administrative Violations, nevertheless there are questions about legal norms certainty, legal regulation system conformity including the part of administrative punishment execution. Several questions concerning execution of these kinds of administrative punishments such as administrative financial penalty, administrative suspension of activities, administrative exile of foreign citizen or stateless person outside the Russian Federation, compulsory work are considered in the article. The attention is paid to problems of legislation imperfection that regulates the order of judicial acts proceedings in cases on administrative violations, which can tend to violations of warranties in governmental protection of rights, liberties and legitimate interests of people. The author has formulated the suggestions about making amendments to Code of the Russian Federation on Administrative Violations in order to increase the efficacy of law-enforcement activity in judicial acts proceedings.
3
Yuzhanin, V. Е. "Prospects for Expanding the Subject of Penal Law." Lex Russica, no. 10 (October 24, 2019): 114–22. http://dx.doi.org/10.17803/1729-5920.2019.155.10.114-122.
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The paper notes that the issue of the independence of penal law as a branch is not relevant; still the issue on the subject of this branch of law, which is understood in a narrow (classical) and broad senses, remains acute. The classical definition of the subject consists of social relations arising in the execution of all punishments, and now other measures of a criminal law nature. Currently, scientists are increasingly talking about the need to expand the subject of penal law due to the inclusion of public relations in the execution of measures of restraint in form of detention and house arrest; assistance in social adaptation of the persons released from serving of punishment and other measures of criminal legal character; and when applying the non-punitive means of influence on prisoners.The author does not agree that the penal law should regulate only punishments and other measures of a criminal legal nature, which are a form of realization of criminal responsibility. In this regard, compulsory medical measures, confiscation of property and a court fine cannot be considered as such. If we consider criminal responsibility in a broad sense — as having a coercive rather than punitive character, then all measures of a criminal nature should be covered by it and be the subject of this branch of law. Penal law is not penal executive law but penal law.The paper notes that not legally, but practically, the execution of detention and house arrest is included in the subject of penal law, as they are executed by institutions and bodies of the Federal Enforcement Service and are included in the course of penal law at the Russian Federal Enforcement Service universities. The author of the paper admits that these preventive measures may be the subject of penal law, which, as in relation to criminal law, is the executive branch in relation to criminal procedure law.Many scholars believe that post-penitentiary relations are the subject of penal law. Agreeing with them, the author of the paper believes that in this case it is necessary to provide for the purpose of penal legislation — the resocialization of convicts, which includes correction, preparation of convicts for release and their social adaptation after release from punishment. As an example, the author refers to the regulation of such relations in the Penal Code of the Republic of Belarus and Ukraine.Thus, the subject of penal law should be the criminal executive social relations that develop in the implementation of compulsory institutions of criminal and criminal procedure law, having an executive direction.
4
Rifai, Eddy. "An Analysis of the Death Penalty in Indonesia Criminal Law." Sriwijaya Law Review 1, no. 2 (July 31, 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 clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.
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Artemenkov, M. "THE DRAFT PROVISIONS OF THE PENAL PRISONS IN THE RUSSIAN EMPIRE." Proceedings of the Southwest State University 21, no. 5 (October 28, 2017): 164–69. http://dx.doi.org/10.21869/2223-1560-2017-21-5-168-173.
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The article analyzes in detail the issues of the formation and development of the penitentiary legislation of the Russian Empire during the Great Reforms of Alexander II. The author notes that changes in the field of execution of punishments were an integral part of the changes that took place in the country, had their historical substantiation and should be considered in the general context of liberal changes of the second half of the XIX century. The formation of new economic relations, changes in the social structure of society, the emergence of new political practices made it necessary to liberalize the penitentiary sphere. New legal theories associated with understanding the purposes, purpose and execution of punishments, became the basis for the transformation in European countries, including the Russian Empire. The main form of punishment is imprisonment, which was the result of changing the purpose of punishment. It is the correction of the person who committed the crime, through work, education and upbringing. The article analyzes the practice of preparing normative and legal acts related to the study of foreign experience, the organization of experimental places of detention, the discussion of the provisions of the draft of the Regulations on Correctional Prisons in the Russian Empire in various commissions. The prepared draft law, in spite of certain shortcomings, was progressive and corresponded to the tasks that faced the system of execution of punishment. Thus, the article concludes that the ongoing reforms were progressive, an assessment was made on the issues of discussion. When writing a scientific work the author used the materials of the State Archives of the Russian Federation, as well as scientific literature of both domestic and foreign authors.
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А. B., Skakov. "PROGRESSIVE SYSTEM OF EXECUTION OF DETENTION OF FREEDOM AND PROSPECTS OF ITS APPLICATION IN KAZAKHSTAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 1 (December 22, 2020): 47–62. http://dx.doi.org/10.32755/sjcriminal.2020.01.047.
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The article formulates the author`s definition of the progressive system: “The progressive system is a complex intersectoral institution of criminal and criminal and executive law, including several independent institutions, in the process of applying which the legal status of the convict changes depending on the degree of its correction in the direction of either expansion or restriction of the volume of his rights”. It is noted that in the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional institution, the progressive system has acquired a completely finished form and can be considered the basis of all punitive and educational impact on convicts. The need for a more detailed classification of positively characterized convicts has been also actualized. In this case, each positive degree of behavior of convicts must correspond to certain conditions of detention and institutions of the progressive system, namely: upon reaching the 1st positive degree, the convict is kept in the usual conditions of a correctional institution (the institution of changing conditions of detention within one correctional institution); at the 2nd positive degree – transferred to lighter conditions of detention; at the 3rd positive degree – transferred to preferential conditions of detention; upon reaching the 4th positive degree – transferred to an institution of another type; at the 5th positive degree – the institution of replacement of punishment is applied; at the 6th positive degree – parole of the convicted person is possible. A proposal regarding the release of the court from the function of changing the process of executing the sentence has been formulated, in order to entrust it to the supervisory commissions created at the correctional institution. The court will only appoint the type of punishment, and the execution of the court`s decision should be entrusted to the Committee of the Penitentiary System and the Supervisory Commission. In this case, the commission collectively decides on the application of all the institutions of the progressive system, up to the institution of parole. The necessity of further improvement of legal regulation of the process of execution of punishments, alternative to imprisonment, according to the progressive system is substantiated. Key words: criminal policy, humanization, deprivation of liberty, punishments alternative to imprisonment, progressive system of execution of imprisonment, conditions of detention, behavior of convicts.
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Rybakov, Viacheslav M. "Carrying out of Punishments Under the T’ang Dynasty Criminal Law." Письменные памятники Востока 17, no. 4 (February 4, 2021): 52–65. http://dx.doi.org/10.17816/wmo55056.
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Every legal system includes, as one of its main elements, a system of the implementation of sentences issued by the courts. However, the administration of punishments is always connected with violence against people, and sometimes even with their execution. The extent to which such violence was restricted so as to be acceptable to the collective sense of justice is an eloquent characteristic of the very concepts of justice inherent in culture as a whole. This article uses the example of the Chinese Tang dynasty criminal law to analyze what restrictions were provided by the traditional Chinese law for state violence against convicted criminals, and what penalties for government employees, who violated those restrictions.
8
Khanjani, Mohammad Kazem, and Atoosa Bahadori. "Damage compensation for innocent defendants and Convicts in Iran and the Canadian legal system." Technium Social Sciences Journal 23 (September 9, 2021): 370–79. http://dx.doi.org/10.47577/tssj.v23i1.4137.
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In the field of innocent defendants and convicts' damage compensation who have endured further losses due to issue criminal supply contracts or orders execution, their innocence has been cleared by issuing acquittance sentences. It counted as one of the most challenging issues in private and criminal law. In these recent years, based on positive changes in the rules of Iran, a lot of works done for innocent defendants and convicts' damage compensation have endured different and unfair punishments. But no integration or constructive work has been done for guiltless convicts' damage compensation who have endured some parts or all their punishments, and their innocence has been proved but not predicted. The reverse of this matter is true in the Canadian law system. Only a guilty convict who has tolerated some or all parts of unfair punishment deserves to receive damage compensation. This study attempted to research the subject's international binding rules, and many practical strategies for guiltless convicts' damage compensation will be considered in both systems by a comparative study.
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Bornstein-Makovetsky, Leah. "Sentencing Jews to work on Ottoman Naval Ships and in Forced Labor at the Imperial Arsenal from the Early 16th Century to 1839." Miscellanea Historico-Iuridica 19, no. 1 (2020): 421–42. http://dx.doi.org/10.15290/mhi.2020.19.01.18.
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The purpose of the article is to discuss punishments of kürek, i.e., penal servitude on the galleys, and forced labor at the Imperial Arsenal (Tersâne-i Amire), imposed on Jewish men by kadis and Ottoman governors during the 16th-19th centuries in the Ottoman Empire. The kürek (lit. “oar”) punishment was inflicted for serious crimes, e.g., adultery, heresy, prostitution, and coin-clipping, as well as other grave offenses for which the Shari'ah/Kanon prescribed the death penalty. At times it was also administered for lesser crimes. We learn that this punishment was administered particularly when the Ottoman navy needed more working hands, mainly after the Battle of Lepanto in October 1571 and during the campaign for the conquest of Crete in the 1660s. This punishment was meted out mainly to Jewish offenders from Istanbul and Izmir. The article discusses the execution of these punishments in light of many sources and draws conclusions in the light of extensive research literature. It devotes extensive discussion to the attitude of Jewish leaders, Jewish courts of law and individual Jews to these penalties both in theory and in practice.
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Golduzian, Iraj, Hamid Reza Mirzajani, and Samaneh Eghtedari. "Semi-Liberty System Investigation in Iranian and French Law." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 225, no. 1 (September 1, 2018): 115–36. http://dx.doi.org/10.36473/ujhss.v225i1.131.
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The semi-liberty system was first established in French law and accepted in Iranian criminal law before Islamic Revolution Laws. In 2013, it was proposed in Islamic Penal Code with regard to detention policies and reducing the number of criminal cases. The semi-liberty system is one of the borderline penalties and it is moderate for crimes considered. In this case, the perpetrators are reformed in these crimes and they demand corrective actions based on middle legal sanctions. The mentioned item is one of the manifestation principles of individualizing punishment. The gradual progress of the convicted person is included in its working schedule. It has agreed with his/her liberty. This system gives an identity to criminal people to avoid him from labeling. It also gives job and family stability for convinced. It is matched to criminal justice response based on criminal status. And finally, it reduces the criminal costs. The purpose of the execution of punishments is reforming the criminal person. The jurisprudential foundations are not in conflict with the implementation of punishments with regard to demanding of the criminal person reforming and reducing the harmful effects of imprisonment on convicted person, his family and society. The privative liberty is minimized based on international documents. They develop liberties before the deadline and items including the mid-liberties. Finally, this item tries to create at least distance between the community and the convinced person and obtain the most benefit for society with regard to implementing this system. This study investigates the system of semi-liberation in Iranian criminal policy and French law.
11
Bratiloveanu, Izabela. "RESPECTING THE DIGNITY OF THE HUMAN PERSON IN THE EXECUTION OF SENTENCES AND FREEDOM-DEPRIVING MEASURES RULED BY THE JUDICIARY BODIES DURING A CRIMINAL TRIAL." Agora International Journal of Juridical Sciences 9, no. 4 (February 3, 2016): 25–33. http://dx.doi.org/10.15837/aijjs.v9i4.2329.
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Through Law no. 254/2013 on the execution of punishments and custodial measures ordered by the court in criminal proceedings, continue changing the approach of the treatment of detainees. Transposition of human dignity in the prison environment involves a radical change in conceptions about prison, inmate and his treatment.
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Солоницын, Павел Сергеевич. "PENAL PROCEDURE AND ITS PLACE IN REGULATORY SYSTEM." Vestnik Samarskogo iuridicheskogo instituta, no. 1(42) (March 22, 2021): 95–100. http://dx.doi.org/10.37523/sui.2021.42.1.014.
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В статье анализируется соотношение материальной процедуры уголовно-исполнительного права с уголовно-процессуальным и уголовным законодательством. Делается вывод об оригинальном характере материально-правового регулирования, применяемого в нормативной системе исполнения уголовных наказаний. Уголовно-правовые нормы напрямую воздействуют на процесс исполнения наказания, поскольку их применение судом при назначении наказания связано с определением его основных параметров. Уголовно-правовые нормы, относящиеся к наказанию, являются составной частью комплексной отрасли уголовно-исполнительного права. Будучи нормативными предписаниями, они влияют на степень исправления осужденного уже после вступления приговора в законную силу. Вместе с нормами, определяющими статус гражданина в период отбывания им наказания, они составляют содержание ограничений конституционных прав и свобод в этот период. Уголовно-исполнительная процедура как часть правового механизма определяет порядок реализации ограниченных наказанием прав и свобод, исполнение обязанностей, взаимодействие осужденных с должностными лицами исправительных учреждений. Опровергается точка зрения на уголовно-исполнительное право как завершающую стадию уголовного процесса. Вопросы, разрешаемые на стадии исполнения приговора судом, по правилам УПК РФ не имеют отношения к процедуре исполнения уголовного наказания. Делается общий вывод о том, что уголовно-исполнительная процедура: а) представляет собой нормативно установленную модель поведения осужденных в рамках исполнения в отношении них конкретного наказания; б) состоит из актов поведения осужденных, нормативно установленной деятельности сотрудников учреждений и органов УИС; в) нацелена на достижение социально значимого результата - исполнения назначенного судом наказания; г) является критерием оценки степени исправления осужденных как одной из главных целей уголовного наказания; этот критерий является не только социальным, но и юридическим, поскольку влияет на возможность условно-досрочного освобождения и на положительное решение иных вопросов, возникающих на стадии исполнения наказания, а также при фактическом его отбытии (например, назначение административного надзора). The correlation of the material procedure of the criminal executive law with the criminal procedure and criminal legislation are analyzed in the article. The conclusion is made about the original nature of the substantive regulation applied in the normative system of execution of criminal punishments. Criminal legal norms directly affect the process of the execution of punishment, since their application by the court when imposing a punishment is associated with the definition of its main parameters. Criminal law rules related to punishment are an integral part of the complex branch of criminal executive law. As normative prescriptions, they affect the degree of correction of the convicted person after the entry into force of the sentence. Together with the norms that determine the status of a citizen during the period of serving his sentence, they constitute the content of restrictions on constitutional rights and freedoms during this period. The penal procedure as part of the legal mechanism determines the procedure for the implementation of rights and freedoms limited by punishment, the performance of duties, the interaction of convicts with officials of correctional institutions. The point of view on the criminal-executive law as the final stage of the criminal process is refuted. The issues resolved at the stage of execution of the sentence by the court according to the rules of the Criminal Procedure Code of the Russian Federation are not related to the procedure for the execution of criminal punishment. The general conclusion is made that the penal procedure: a) is a normatively established model of the behavior of convicts in the framework of the execution of a specific punishment in relation to them; b) consists of acts of conduct of convicts, statutory activities of employees of institutions and bodies of the penal system; c) is aimed at achieving a socially significant result - the execution of the punishment imposed by the court; d) is a criterion for assessing the degree of correction of convicts, as one of the main goals of criminal punishment; this criterion is not only social, but also legal, since it affects the possibility of parole and the positive solution of other issues that arise at the stage of execution of a sentence, as well as during its actual serving (for example, the appointment of administrative supervision).
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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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Grigoryan, I. G. "Problems of legal regulation of certain forms of state bodies assistance in the work of penal inspections on execution of penalties and other criminal measures." Penitentiary Science 14, no. 3 (2020): 349–53. http://dx.doi.org/10.46741/2686-9764-2020-14-3-349-353.
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The paper analyzes the problematic issues related to the legal regulation of assistance to state bodies in the work of penal inspections for the execution of sentences and measures of a criminal-legal nature that are not related to isolation from society. Measures of procedural coercion in the form of bringing convicts evading to appear at the court session are considered, the possibility of additional regulation of the forced bringing of all convicts to punishments and measures of a criminal law nature is studied. Amendments to the relevant regulatory legal acts, according to the author, significantly optimize the work on the execution of punishments and measures of a criminal related to the timely application of penalties and prevention of law-abiding behavior. The implementation of the formulated proposals is designed to optimize the legal regulation of assistance in the work of penal inspectorates and to contribute to the achievement of the goals of the penal legislation in terms of preventing convicts and other persons from committing crimes and other offenses.
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LaChance, Daniel. "Executing Humanity: Legal Consciousness and Capital Punishment in the United States, 1915–1940." Law and History Review 35, no. 4 (September 15, 2017): 929–76. http://dx.doi.org/10.1017/s0738248017000396.
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From the 1830s to the 1930s, elites across the United States increasingly privatized executions and standardized execution protocols. These changes reflected and reinforced a more bureaucratic image of the state as an abstract entity run by professionals operating in rule-bound roles rather than particular actors governing in an unsystematic way. After this period of change, the aesthetics of the execution ceremony had so thoroughly changed that the death penalty had the potential to inspire critiques of the modern state as cold, detached, and callous. It rarely did, however. Changes to state killing threatened to diminish the recognition of human dignity in the nation's execution chambers were countered by melodramatic popular renderings of executions that preserved their sacred, traditional character. Toward the end of this period of change, from 1915 to 1940, playwrights, screenwriters, and journalists maintained executions as events in which the humanity of the state that killed and the condemned who died was constantly foregrounded, even as execution modes and protocols became rationalized and machine-like. Reflecting this ethos, images of condemned men in the nation's collective imagination became disproportionately white.
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Soltani, Samira, and Ahmad Ramazani. "Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities." Journal of Politics and Law 9, no. 6 (July 31, 2016): 61. http://dx.doi.org/10.5539/jpl.v9n6p61.
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One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.
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Rozenko, Stanislav Vasilyevich. "About individual aspects of the development of the institution of punishment in the criminal code of RSFSR 1960." Yugra State University Bulletin 15, no. 1 (December 9, 2019): 31–37. http://dx.doi.org/10.17816/byusu20190131-37.
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The article analyzes the conceptual aspects of the development of the institution of criminal punishment established by the Criminal code of the RSFSR in 1960 as a criminal act of the Soviet state, which formulated a new content of the institution of punishment based on the principles of Soviet law. Fixing in the Criminal code of the RSFSR of 1960 of punishment is a consequence of final refusal of measures of social protection in the Soviet criminal law. Punishment was defined not only as punishment for the committed crime, but also pursued the purposes of correction and re-education of convicts in the spirit of honest attitude to work, accurate execution of laws, respect for the rules of socialist community, as well as prevention of committing new crimes by both convicts and other persons. In the criminal code of the RSFSR was established a systematic list of types of criminal penalties; defined the rules of sentencing and release from punishment. This systematization of the measures of criminal repression used by the Soviet state was carried out in the form of outlining the types of punishments from the most severe to the milder, some of which were borrowed from other branches of law.
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Ilina, Oksana. "Contents of corrective work and problem questions of their applications." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 307–12. http://dx.doi.org/10.36695/2219-5521.1.2020.61.
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The article is devoted to the historical and legal analysis of such type of punishment as correctional labor. In States with market relations, punishments in the form of correctional labor are not applied, and it is not easy to find out the reason for this condition. We see the relevance of our research in finding out the problems of application and execution of correctional labor.
The purpose of this article is to analyze theoretical and practical recommendations aimed at improving the legislation and practice of correctional labor, based on the study of the historical development, changes in the political, economic, legal and social situation of the Ukrainian state, to identify the place of this type of punishment in the system of criminal penalties and to determine the true content of correctional labor as a type of criminal legal impact on convicts. Correctional labor is a measure of state coercion that is applied as the main type of punishment to a convicted person who does not have a main place of work, with the deduction of part of his salary to the state’s income.
In this work, the author defines the place of correctional labor in the system of punishments of Ukraine, the range of persons to whom this punishment can be applied, as well as the categories of persons to whom it is not applied. The article raises the question of the further existence of punishment in the form of correctional labor. Theoretical and practical prerequisites point to the need to exclude this type of punishment from the system of punishments.
Prospects for further scientific research in this direction should be scientific support for the removal of correctional labor from the criminal law, which will not only prove that the legislator takes into account the realities of today, but also a significant step in the modernization of the entire system of punishments. A real alternative to correctional labor in the sanctions of articles of the Special part of the Criminal code of Ukraine may well be a fine and community service.
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Pifer, Natalie A. "The Scientific and the Social in Implementing Atkins v. Virginia." Law & Social Inquiry 41, no. 04 (2016): 1036–60. http://dx.doi.org/10.1111/lsi.12156.
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Atkins v. Virginia (2002) categorically exempts intellectually disabled defendants from execution, yet some constitutionally suspect punishments suggest a gap between law and practice. This article moves beyond critiquing Atkins' formal implementation to provide a decentered analysis of the Atkins gap focused on the category of intellectual disability. It explores how drawing boundaries around intellectual disability in capital cases requires law to grapple with fluid scientific and social constructs through a study of how courts operationalize intellectual disability in capital cases. It draws from literatures considering the construction of intellectual disability and law's relationship to the scientific and the social and finds that this intersection first enables a conceptual disconnect between scientific and legal constructions of intellectual disability and, second, invites the use of stereotypes to inform the category. These processes undermine Atkins'—and other categorical exemptions'—ability to functionally limit extreme punishments and also reveal law as mutually constitutive.
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Солоницын, Павел Сергеевич. "CRIMINAL EXECUTIVE LAW IS A COMPLEX BRANCH OF RUSSIAN LAW." Vestnik Samarskogo iuridicheskogo instituta, no. 4(40) (December 14, 2020): 69–75. http://dx.doi.org/10.37523/sui.2020.40.4.011.
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В статье предпринята попытка обоснования комплексной природы уголовно-исполнительного права. Критикуется господствующая в научной и учебной литературе точка зрения на самостоятельный и оригинальный характер данной отрасли. Показывается, что отрасль уголовно-исполнительного права имеет прямую генетическую связь с уголовным правом. Отмечается, что уголовно-правовое отношение носит длящийся характер. Исполнение наказания представляет собой сочетание материальных и процедурных отношений. При этом материальная их составляющая - это и есть реализация норм уголовного права, определяющих виды и содержание наказаний. Немаловажное значение имеют общие нормы о целях наказания, предопределяющие фактор положительного поведения осужденного в контексте его исправления. В статье опровергаются имеющиеся точки зрения ученых, критикующих отнесение уголовно-исполнительного права к комплексным отраслям. В качестве базовой модели комплексной отрасли права в правовой теории берется обоснованная концепция комплексных отраслей, предложенная на рубеже 1980-90-х гг. известным теоретиком права В. Н. Протасовым. В противоположность основным отраслям комплексная отрасль «собирается» для решения строго определенных, общественно значимых задач, что связано с возрастанием в праве системного начала. Таким образом, комплексная отрасль права - это целостная правовая система, искусственно сконструированная для решения значимых общественных задач посредством объединения нормативного материала различной отраслевой принадлежности. Уголовно-исполнительное право вполне отвечает этим критериям. Называются основные нормативные компоненты данной отрасли, к которым относятся нормы, имеющие уголовно-правовую, административно-правовую, конституционно-правовую природу. В совокупности они регулируют отношения, возникающие при исполнении уголовного наказания, оказывая на них эффективное комплексное воздействие. The article considers the complex nature of criminal Executive Law. The author criticizes the prevailing point of view in scientific and educational literature on the independent and original nature of this industry. It is shown that the branch of criminal Executive Law has a direct, genetic connection with criminal law. It is indicated that the criminal law relationship is of a continuing nature. The execution of a sentence itself is a combination of material and procedural relations. At the same time, their material component is the implementation of the norms of criminal law that determine the types and content of punishments. Of no small importance are the General rules on the purposes of punishment, which determine the factor of positive behavior of the convicted person in the context of his correction. The article refutes the existing points of view of scientists who criticize the attribution of criminal Executive law to complex branches. The basic model of the complex branch of law in legal theory is based on the well-founded concept of complex branches, proposed at the turn of the 1980s and 90s by the famous legal theorist V. N. Protasov. In contrast to the main industries, the complex industry «gathers» to solve strictly defined, socially significant tasks, which is associated with an increase in the right of the system principle. Thus, a complex branch of law is an integral legal system that is artificially designed to solve significant social problems by combining normative material of various branches of law. Criminal enforcement law fully meets these criteria. The main regulatory components of this industry are called, which include norms that have a criminal, administrative, and constitutional nature. Together, they regulate the relations that arise during the execution of criminal penalties, exerting an effective, comprehensive impact on them.
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Thomai, Esmeralda. "Execution of Sentence of Life Imprisonment in Albania, in Violation of Fundamental Human Rights." Mediterranean Journal of Social Sciences 8, no. 1 (January 26, 2017): 169–75. http://dx.doi.org/10.5901/mjss.2017.v8n1p169.
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Abstract The goal of this article and of the analysis itself on which it is based, is to identify weaknesses in penitentiary legislation in force in the Republic of Albania, in order that the penal policy of the Albanian state, should respect the principles on which will be based to be effective. At the end of 2015 the number of persons who have been sentence to life imprisonment in Albanian prisons has been 159 people, convicted in 2895 of the total prison who were serving a sentence in Albanian prisons. The number of those sentenced to capital punishment has increased, compared with the statistics of 3-4 years ago. Albanian law on the punishment of life imprisonment presents serious problems in the modalities of execution of the punishment, violating the right and fundamental freedom of man, that lives in liberty, and break up the Article 3 of the ECHR, which prohibits placing under cruel punishments, inhuman and degrading. The Republic of Albania will need as soon as possible to change its legislation concerning the category of persons sentenced to life imprisonment. Condemned to life imprisonment, according to each individual case and referred to progress in the sentence, in view of the disappearance of the potential for recidivism and in view of correction, after the expiry of a time limit prescribed by law,they should have the right and opportunity in court jurisdiction to address the real execution of criminal sentences for the benefit of supervised freedom or conditional one. In this way, the hope of life again in freedom, will make the convicts to life imprisonment interested to educate themselves, by all the values that will be in accordance with social rules.
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Pogge, Thomas W. "Three Problems with Contractarian-Consequentialist Ways of Assessing Social Institutions." Social Philosophy and Policy 12, no. 2 (1995): 241–66. http://dx.doi.org/10.1017/s026505250000474x.
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With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing a strict-liability criminal statute with the death penalty. Of course, such “reforms” would increase the execution of innocents; but, their proponents will tell us, any penal system involves the punishment of some innocents, and, if it provides for the death penalty, the execution of some innocents. Moreover, why is it worse for innocents to be punished than for innocents to suffer an equivalent harm in some other way? Formulated from a prospective-participant perspective: Why not run a small risk of being innocently executed in exchange for reducing, much more significantly, the risk of dying prematurely in other ways?
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Tavolzhanskyi, Alexey, and Valeriya Prykhodko. "Features of adaptation of the national punishment system to European standards." Law and innovations, no. 2 (30) (June 2, 2020): 87–92. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-13.
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Problem setting. Ukraine has chosen a course for European integration. The existing legal order in Ukraine is being reformed in accordance with European standards in order to improve the quality of legislation and, subsequently, the living standards of the population. The system of punishment is no exception. As it is not possible to get rid of crime completely, it is possible to improve the mechanisms that realize the main purpose of punishment, and through which crime will be reduced. The fight against crime in Europe is more effective than the experience of post-Soviet countries, so it can be argued that the adaptation of national legislation to European can be a positive phenomenon for Ukraine. Analysis of recent researches and publications. Various aspects of the problem of implementation of international standards in domestic practice in the field of serving sentences, in particular regarding imprisonment, were dealt with by a number of scientists, in particular Pripolova L.I., Golovkin B.M., Kushnir Ya.O., Smirnova A.V., Popko V.V., Ptashinsky O.V., Stepaniuk А.N., Farenyuk S.Ya. and others. Target of research. The aim of the article is to highlight the most important points in the modern national system of punishments, which contain shortcomings at the same time with the possibility of reforming them in accordance with European legislation. Article’s main body. According to Article 51 of the Criminal Code of Ukraine in Ukraine there are 12 types of punishment. They are divided into basic and additional. Once a sentence has been imposed, it is not so important to classify it into basic and additional, so criminal executive law divides all sentences into isolation and non-isolation. Criminal and criminal-executive law of Ukraine is a national system of punishments, which includes the concept of punishment, types, limits of punishment and the order of their serving. This system is the result of many changes in Soviet legislation, following the experience of European countries, as Ukraine has chosen a course of European integration since the beginning of its independence. But it is not enough to simply bring the system of legislation of Ukraine in line with European norms, because it is the implementation of these norms that is important, which can create an obstacle in the reform of the penitentiary system. Therefore, the adaptation of national legislation to European legislation in the field of execution and serving sentences should meet the needs of the Ukrainian penitentiary system while eliminating the most significant shortcomings of this system. Conclusions and prospects for the development. Based on the analysis, it can be argued that it is appropriate to change the national system of punishment in accordance with international norms and practices of European countries. Emphasis is placed on gradual, comprehensive reform, which will ensure the formation of a quality mechanism for the implementation of all purposes of punishment. Changes are needed in general, starting with the terminology of certain not quite accurate concepts used by the legislator, ending with the mechanism of implementation of norms and maximum improvement of conditions of serving a sentence. A detailed examination of the shortcomings of some types of punishment confirms that Ukrainian legislation in certain institutions needs new legal regulation. This applies primarily to fines and imprisonment, as these punishments are the leading and, according to many scholars and legal practitioners, the most effective for punishment, and later correction of the person.
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Rowe, Brenda I. "How Would You Like to Die? Glossip v. Gross Deals Blow to Abolitionists." Prison Journal 98, no. 1 (November 21, 2017): 83–103. http://dx.doi.org/10.1177/0032885517743716.
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After capital punishment opponents’ pressure on drug suppliers reduced the lethal injection drug supply, Oklahoma began using midazolam, resulting in botched executions. Condemned inmates sought to stop use of this lethal injection protocol. In Glossip v. Gross, the U.S. Supreme Court found inmates failed to establish that such protocols entail a substantial risk of severe pain compared with available alternatives, undermining the supply side attack strategy and leaving inmates facing the possibility of an unnecessarily painful execution. This article places the Glossip decision within the context of method of execution jurisprudence and discusses implications for the ongoing battle over capital punishment.
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Коростылёва, Ольга Васильевна. "From the bureau of forced labor to the criminal-executive inspections." Vestnik Kuzbasskogo instituta, no. 2(39) (June 20, 2019): 149–56. http://dx.doi.org/10.53993/2078-3914/2019/2(39)/149-156.
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В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.
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HOWELLS, GARY N., KELLY A. FLANAGAN, and VIVIAN HAGAN. "Does Viewing a Televised Execution Affect Attitudes Toward Capital Punishment?" Criminal Justice and Behavior 22, no. 4 (December 1995): 411–24. http://dx.doi.org/10.1177/0093854895022004005.
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Two hundred and ninety one registered California voters completed Peterson and Thurstone's Attitude Toward Capital Punishment scale. About half of the participants then viewed a videotape of two executions, and the other participants watched a nature film. All of the respondents then completed an alternative version of the capital punishment attitude scale. Significantly more viewers of the execution videotape reduced their support for capital punishment than did viewers of the control film, suggesting that resumption of public (i.e., televised) executions may somewhat reduce support for the death penalty.
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Deryuga, A. N., and S. N. Shaklein. "About the Purpose of Administrative Punishment and the Method of its Practical Implementation." Rossijskoe pravosudie 3 (February 26, 2021): 24–34. http://dx.doi.org/10.37399/issn2072-909x.2021.1.24-34.
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The relevance of the study of the effectiveness of administrative punishment is associated with an increase in administrative tort and their relapse. Formulation of the problem. To provide a combination of a commensurate and appropriate administrative punishment, to find approaches in the ways of making an appropriate decision and its application, focused on achieving social and legal changes in the personality of the administrative delinquent. The goals and objectives of the study. Improving the effectiveness of the designation, application and execution of administrative punishments by selecting a specific type and amount of administrative punishment that is consistent with the purpose of the punishment. The development of visual-verbal contact between the law enforcer and the offender in the process of imposing an administrative penalty in response to the simplified procedure expanding in the legislation, which minimizes or eliminates the live contact of the law enforcer and the offender. The methodological basis was the universal dialectic-legal, social, psychological and pedagogical methods, involving the study of phenomena and processes in their development and interdependence. Result, brief conclusions. The purpose of administrative punishment, according to the authors, is not only the general and private prevention of administrative offenses, but also the formation of administrative habits of persistent habit of lawful behavior. A comprehensive study of the effectiveness of administrative punishment at the junction of administrativetort law, sociology and psychology will allow us to develop an effective educational impact on administrative delinquents, which will help achieve the goal of administrative punishment. The authors assigns a primary role in punishment to the upbringing of administrative delinquent, its correction and re-education.
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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 (September 23, 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 legal status of those sentenced to imprisonment (ensuring their safety, realization of their right to freedom of conscience and religion, to get a job in a penitentiary institution, apply for early release from serving a sentence, etc.). It is concluded that the changes in the Criminal and Penal legislation of the Socialist Republic of Vietnam in 2019 increase the effectiveness of criminal penalties execution.
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Gumbatov, Musa. "Probation in Azerbaijan: first results and development prospects." International penitentiary journal 2, no. 1 (April 30, 2020): 46–52. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).1.046-052.
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The organization of the Probation Service in the Republic of Azerbaijan is discussed, the first results of the work are summarized and the prospects for the development of this new structure are indicated in the article. The article describes the experience of using modern information and communication technologies, including electronic control devices (so-called electronic bracelets) in punishments execution. The author notes that the tasks set by the President of the Republic of Azerbaijan to state bodies, including the probation Service, are a kind of road map, which has a long-term and programmatic nature, and have already been successfully implemented. For example, over the past three years, there has been a steady trend towards decrease in the number of persons sentenced to imprisonment, and increase the proportion of persons sentenced to punishments not connected with isolation from society. For example, in 9 months of 2019, 10.7% more convicts were on probation record than in the same period last year. These changes in sentencing practices and increase in the proportion of alternative types of punishment, including the number of convicted persons on probation record, are not only an indicator of the implementation of the President’s initiatives to humanize the state’s criminal law policy, but also a result of the confidence of judges in the Probation Service, which ensures the effective execution of sentences that are not related to the isolation of the convicted person from society. The analysis of first results of the Probation Service’s activity and study of public opinion show the timeliness of the decision of the head of state to create this structure, which makes it possible to look optimistically into the future, which requires continued measures for its development. According to the author, the further development of the Probation Service should be carried out in three main directions. First, it is necessary to complete the process of improving legislation, first of all to adopt a separate law on probation, and continue to bring the regulatory framework for sentences execution in accordance with time realities. Second, for the purpose of independent activities organization and ensuring effective control, the structure of the service should also be optimized in view of the increased workload. Third, it is necessary to create a modern system of training and advanced training of Probation Service employees, ensure their reliable legal and social protection, and provide them with modern technical equipment.
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Acker, James R., and Ryan Champagne. "The Execution of Wallace Wilkerson." Criminal Justice Review 42, no. 4 (May 17, 2017): 349–67. http://dx.doi.org/10.1177/0734016817702193.
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Wallace Wilkerson was executed by a Utah firing squad in 1879 after the U.S. Supreme Court affirmed the constitutionality of his sentence. Shots from the marksmen’s rifles missed his heart. Not strapped into the chair where he had been seated, Wilkerson lurched onto the ground and exclaimed, “My God!…They missed it!” He groaned, continued breathing, and was pronounced dead some 27 min later. Relying on contemporaneous news accounts and legal documents, this article describes Wilkerson’s crime, the judicial decisions upholding his death sentence, and his execution. It next examines ensuing methods of capital punishment from the electric chair through lethal injection and notes persistent gaps between principle and practice in the continuing quest for increasingly humane modes of execution. The article concludes by suggesting that Wilkerson’s botched firing squad execution harbingered difficulties which continue to plague capital punishment. The implications for the future of the death penalty—a long-standing and resilient practice in American criminal justice—and the ultimate legacy of Wallace Wilkerson remain uncertain, although starkly evident is the daunting and perhaps impossible challenge of reconciling the paradox inherent in the concept of a “humane execution.”
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USTINOV, ANDREI A. "Forced labor as a form of punishment." Vedomosti (Knowledge) of the Penal System 227, no. 4 (2021): 36–44. http://dx.doi.org/10.51522/2307-0382-2021-227-4-36-44.
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Abstract. The purpose of the article is to identify, on the basis of analysis of law enforcement practice and opinions of personnel of the penal system, practical problems arising in the execution of punishment in the form of forced labor, and ways to solve them for the purpose of improvement of the criminal and penal legislation in this area. The expediency of introducing some amendments to the legislation aimed at improving the procedure for the execution of forced labor is substantiated. Key words: penal law, punishment, forced labor, execution of punishment, correctional center.
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Lilly, J. Robert. "Dirty Details: Executing U.S. Soldiers During World War II." Crime & Delinquency 42, no. 4 (October 1996): 491–516. http://dx.doi.org/10.1177/0011128796042004001.
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Research on military capital punishment is a neglected topic in criminology. This article is part of a long-term examination of the capital executions of U.S. soldiers, especially those of World War II. It briefly describes the crimes, defendants, and victims for 18 military executions that took place in England from 1943 to 1945, and it analyses the details of these executions and the burials that followed. The executions were ignominious and well organized mechanical rituals performed by soldiers who overall experienced only one execution. The executions became increasingly truncated events as the military became more familiar with them. After the current U.S. Supreme Court decides the constitutionality of this punishment in Loving v. U.S., 94-1996, military executions may resume after an absence of 35 years.
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Pidgorodynskyi, Vadym, Vadym Tykhonenko, Dmytro Tsekhan, Petro Kaminskyi, and Serhii Kravchenko. "International standards on the rights of convicted persons in places of imprisonment." Cuestiones Políticas 39, no. 68 (March 7, 2021): 121–35. http://dx.doi.org/10.46398/cuestpol.3968.06.
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The relationship between crime and punishment has never been isolated. Under the influence of socio-economic, political, and cultural changes, metamorphoses of the institution of execution of punishments took place; in particular, the rights of convicts were liberalized. Therefore, it is necessary to analyze the historiography of this phenomenon in terms of international standards, as well as the peculiarities of their implementation. The work aims to characterize the implementation of international standards on the rights of prisoners in terms of historiography and legal regulation. The object of research is the norms of international law. The subject of the study is social relations that arise in the implementation of international standards on the rights of convicts in prisons. The research methods were dialectical, systemic, structural, formal-legal, historical-legal, methods of analysis, synthesis, induction, and deduction. As a result, international standards for the rights of prisoners serve as a model, an example of rational social relations in the penitentiary environment. Key aspects that should be universally considered by the governments of all countries are identified and described.
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Cockburn, J. S. "Punishment and Brutalization in the English Enlightenment." Law and History Review 12, no. 1 (1994): 155–79. http://dx.doi.org/10.1017/s0738248000011287.
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“As punishments become more cruel, men become more ferocious.” That contention, voiced in this instance by a contributor to The Gentleman's Magazine in 1786, had been a respected tenet of Enlightenment penal theory since its articulation by Cesare Beccaria twenty years earlier. In the interim, commentators on both sides of the Channel had continued to theorize about the impact of public physical punishments on the temper of society. Repeated public executions, thought one contributor to The Times, led only to “a shameless apathy”; another cautioned that, “When the wantonness of oppression is made familiar to the eye, the sensibility of the people…degenerates into despondency, degeneracy and stupidity,…” and he repeated Montesquieu's sinister simile likening the tranquility of such a state to the mournful silence of a city that the enemy is about to storm. In the aftermath of the French Revolution, however, such speculation took on the chilling force of prophecy fulfilled, and for the next fifty years a chorus of increasingly alarmed English voices warned of the potential for insurrection inherent in physical punishments. Continued recourse to public executions, a “festival of blood, [was] calculated to shock or brutalize the feelings of man, [to] encourage ferocious habits in the people.” “Revolutions,” trumpeted the Morning Herald in 1835, “are always most bloody in countries whose laws have most familiarized the people with spectacles of vengeance.”
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V.V., Karelin. "ON THE FEATURES OF PROSECUTOR’S SUPERVISION OVER THE AUTHORIZED BODIES ACTIVITIES ON PROBATION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 2 (December 22, 2020): 31–39. http://dx.doi.org/10.32755/sjcriminal.2020.02.031.
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The article considers the main aspects of the features of prosecutor`s supervision over the authorized bodies activities on probation. The main positions of scientists regarding prosecutor`s supervision over the authorized bodies activities on probation are highlighted. The specifics of this institute are determined. Based on the analysis, it is proved that prosecutorial supervision is an effective means of ensuring compliance with the law in the execution of criminal penalties and probation in Ukraine. It is proved that According to Art. 2 and 26 of the Law of Ukraine “On the Prosecutor’s Office” in Ukraine provides supervision over compliance with the law during the execution of court decisions in criminal cases. Order of the Prosecutor General’s Office of Ukraine dated 03.08.2020 №353 “On the organization of prosecutors to monitor compliance with the law in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal liberty”, to the main tasks of activity in this direction are supervision over observance of the legislation at execution of punishments not connected with imprisonment, and probation. It is determined that certain aspects of the activity of probation bodies are supervised. In the usual sense, surveillance is surveillance for protection, control, and so on. Prosecutorial supervision in our country is provided in accordance with the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office” and other regulations of the General Prosecutor’s Office of Ukraine. It is established that at present, despite some previous reforms to exclude general supervision from the competence of the prosecutor’s office, the supervisory powers of prosecutors still remain significant, although they are limited mainly to the field of criminal proceedings. The importance of the supervisory functions of the prosecutor’s office at the European level is also being restored. In particular, this trend is explained by the need for larger surveillance and interception measures by the prosecutor’s office in the international arena, as there is a threat of the rapid spread of terrorism and organized crime. On this basis, it should be noted that it is appropriate to conduct further research on the activities of prosecutorial supervision of the specially authorized body for probation. Key words: prosecutorial supervision, prosecutor’s office, authorized bodies on probation, convict, criminal and executive system.
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Sorensen, Jon, Robert Wrinkle, Victoria Brewer, and James Marquart. "Capital Punishment and Deterrence: Examining the Effect of Executions on Murder in Texas." Crime & Delinquency 45, no. 4 (October 1999): 481–93. http://dx.doi.org/10.1177/0011128799045004005.
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This study tested the deterrence hypothesis in Texas, the most active execution jurisdiction during the modern era. Using monthly observations during 1984 through 1997, both the general relationship between executions and murder rates and the specific relationship between executions and felony murder rates were examined. An initial bivariate relationship between executions and murder rates proved to be spurious when appropriate control variables were included in regression models. Within a context so ideally suited for finding any potential deterrent effects, this study confirmed the results of previous ones that failed to find any evidence of deterrence resulting from capital punishment.
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Jońca, Maciej. "IIS QUI AD ME TAMQUAM CHRISTIANI DEFEREBANTUR, HUNC SUM SECUTUS MODUM. ŚRODKI DOWODOWE ZASTOSOWANE W PROCESIE CHRZEŚCIJAN PONTYJSKICH W RELACJI PLINIUSZA MŁODSZEGO (EP. 10,96)." Zeszyty Prawnicze 5, no. 2 (June 14, 2017): 99. http://dx.doi.org/10.21697/zp.2005.5.2.05.
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<In>iis quiad me tamquam christiani deferebantur, hunc sum secutus modum. Evidence Applied in the Persecution of Pontian Christians According to Pliny the Younger (Ep. 10,96)SummaryIn 1st and 2nd centuries A. D. Christians were occasionally persecuted and punished just for being Christians (nomen christianurn). The letter drafted by Pliny the Younger to emperor Trajan constitutes the most significant non-Christian source providing information on the procedures applied in these circumstances. Pliny mentions three groups of people that emerged due to the presented above activities: the Christians, who did not renounce their faith at court, falsely accused pagans and apostates. A governor asked those who refused to abandon their faith before executing them. The execution did not apply to Roman citizens who, according to law, were sent to Rome. Apostates and pagans underwent special tests. In order to prove that they were not Christians the governor made them call the names of gods and perform sacrifices before the image of the emperor and gods, which was followed by the course on Christ. However, it was not a refusal to participate in the rituals that led to a punishment but their attachment to Christian community. Therefore, a ceremony of purely religious nature became a real proof applied in judicial proceedings. Although the emperor expressed his approval for governor’s measures, he did not establish any general rule concerning the prosecution and punishments of Christians.
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Miller, Robert D. "Evaluation of and Treatment to Competency to be Executed: A National Survey and an Analysis." Journal of Psychiatry & Law 16, no. 1 (March 1988): 67–90. http://dx.doi.org/10.1177/009318538801600105.
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Following a series of U.S. Supreme Court decisions that approved revised capital punishment statutes that provided for individualized determination of sentence in capital cases, and further procedural rulings that significantly diminish the numbers of appeals possible from death sentences, the number of executions has risen dramatically in the United States. Attorneys representing condemned prisoners and those generally opposed to the death penalty have discovered that common law prohibitions against the execution of “insane” prisoners may provide the last legal chance to avoid execution. The number of allegations of incompetency to be executed has risen concomitantly with the number of approaching executions. Despite a recent Supreme Court decision barring execution of incompetent prisoners and commenting on acceptable procedures for determination of competency to be executed, a number of issues remain unresolved. Particularly troubling for many clinicians is the prospect of having to treat an incompetent prisoner without consent to render him/her competent to be executed. The author presents the results of a national survey of attorneys general inquiring about current procedures for the determination of competency to be executed and treatment of incompetent condemned prisoners, and discusses the ethical issues involved.
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Mosk, Stanley. "The Current Profile of Capital Punishment." Israel Law Review 25, no. 3-4 (1991): 488–504. http://dx.doi.org/10.1017/s0021223700010578.
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In a way, I suppose, everything has been said about the death penalty that can be said. Yet we continue to discuss the penalty, the legal processes involved, the actual means of execution, the crimes for which death is to be imposed, and at the cornerstone, the moral justification for society deliberately taking human lives.At the risk of appearing immodest, I claim to be peculiarly equipped to enter into this discussion because I have been on all sides of the issue — not, I hasten to explain, because of unconcern or ambivalence. First, as an idealistic young man, I debated for abolition of the death penalty. Then, as executive secretary to the Governor of California, I had the duty of actually interviewing, in prison, men — and one woman — under sentence of death and making a report to the Governor. He, in turn, had the responsibility of commuting some sentences to life and allowing others to go to their death.
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Stolzenberg, Lisa, and Stewart J. D'Alessio. "Capital Punishment, Execution Publicity and Murder in Houston, Texas." Journal of Criminal Law and Criminology (1973-) 94, no. 2 (2004): 351. http://dx.doi.org/10.2307/3491373.
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Md Asri, Muhammad Hameedullah, and Md Khalil Ruslan. "THE CRIME OF HIRABAH: APPROACH, JUSTIFICATION AND SIGNIFICANCE." Jurnal Syariah 28, no. 3 (December 31, 2020): 383–416. http://dx.doi.org/10.22452/js.vol28no3.3.
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The punishment for ḥirābah as a ḥadd crime has been prescribed by the Lawmaker in the Qurʻān, in Chapter al-Mā’idah, 33. The provision stipulates four types of punishment, namely; execution, cutting off of hands and feet, crucifixion and banishment. Despite ḥirābah being a serious crime and the only ḥadd crime with four punishments, al-Mā’idah 33 is completely silent about the meaning of ḥirābah, its constituent elements, modes of crime and conditions. This has led the crime being approached either through a restrictive or a permissive manner by Muslim scholars. The objective of this paper is to study the concept of ḥirābah from both perspectives, their justifications and significant impacts on possible application of Islamic criminal law on the subject. This is carried out through careful examination of literature contributed by both classical and modern times. The findings of the study suggest that the restrictive approach considers ḥirābah to be a crime of highway robbery – grave theft – while the permissive approach does not stipulate any particular designation to the crime. Ḥirābah to the latter is of an unlimited crime. Their justifications range from textual to contextual analyzes, application of qiyās and other principles of Islamic jurisprudence. The significant impacts of both approaches are seen on the possible application of ḥirābah; either being a strict or a flexible form of crime, a limited or an unlimited with specified or unspecified types of punishment, involving the application of two witnesses or otherwise and the effect of repentance.
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Munandar, Munandar. "Kedudukan Anak Sebagai Jinayah Dalam Qanun Aceh Nomor 6 Tahun 2014 Tentang Hukum Jinayah." Syiah Kuala Law Journal 1, no. 1 (November 19, 2018): 209–28. http://dx.doi.org/10.24815/sklj.v1i1.12288.
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Menurut pasal 66 Qanun Aceh Nomor 6 Tahun 2014 tentang Hukum Jinayah (Qanun Jinayah) menerangkan apabila anak yang belum mencapai umur 18 (delapan belas) tahun melakukan atau diduga melakukan Jarimah, maka terhadap anak tersebut dilakukan pemeriksaan berpedoman kepada Peraturan perundang-undangan mengenai Peradilan Pidana Anak (Pasal 67 ayat (1) qanun nomor 6 tahun 2014). Hasil penelitian menunjukan kendala pelaksanaan pemidanaan anak sebagai pelaku jinayah yaitu karena Faktor perundang-undangan, Faktor Aparatur, Faktor sarana prasarana, Faktor Masyarakat, seperti belum adanya penyidik anak yang bersertifikasi, dan aturan proses pelaksanaan eksekusi terhadap Anak belum ada, sehingga Anak sebagai pelaku dalam Qanun Jinayat sama dengan proses penanganan perkara terhadap orang dewasa yang membedakan hanya mengenai pemidanaannya dan tata cara pelaksanaan 'Uqubat terhadap anak yang tidak diatur dalam peraturan perundang-undangan mengenai sistem peradilan anak diatur dalam Peraturan Gubernur sehingga menjadi kendala tersendiri dalam penyelesaian perkara anak yang melakukan tindak pidana yang diatur dalam Qanun. Disarankan agar Pemerintah Aceh segera membentuk dan mengundangkan Peraturan Gubernur sebagai aturan pelaksana dalam pelaksanaan eksekusi terhadap Anak yang melakukan pidana sebagaimana diatur dalam Qanun Aceh Nomor 6 tahun 2004 Tentang Hukum Jinayat. Dan diharapkan pula hakim sebagai pemutus perkara mampu memberikan rasa keadilan bagi masyarakat.Acoording to Article 66 of Qanun Aceh Number 6, 2014 regarding Islamic Criminal Law states that if a child under the age of 18 (eighteen) years committing a crime or allegedly committing Islamic criminal law, then the child shall be subjected to a Juvenile Justice statutes, Article 67 Paragraph (1) Qanun Number 6, 2014. The research shows that a child as a perpetrator in Qanun Jinayat is similar to the trial process of the cases against adults but in terms of punishments and the procedure of implementing punishments on the procedure of implementation of punishment for children as the perpetrators of criminal acts regulated in Qanun becomes its own constraint in settling the case of juvenile committing crime in Qanun. It is recommended that The Government of Aceh should immediately establish and enact the Governor Regulation as the implementing rule in executing the execution process of the youth offenders as stipulated in Qanun Aceh Number 6, 2004 on Islamic Criminal Law committed by a child by not ignoring the principles of child protection as a child and a victim. For law enforcement officers including judges are expected to have legal psychological knowledge that can sustain deep analysis and legal considerations in imprisonment or custody. And it is also expected that a judge as a decision maker might provide a sense of justice for the community.
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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 наказания которых помимо внешних факторов влияет и наличие самого заболевания), а также сложностям в ограничении прав осужденных и возложении на них дополнительных обязанностей. Делается вывод, что актуальна дальнейшая разработка в отношении осужденных, в том числе имеющих заболевания, института приостановления отбывания наказаний, не связанных с изоляцией от общества, в случае невозможности их исполнения, мер по стимулированию таких осужденных путем досрочного освобождения от отбывания наказания через привлечение к работам по ликвидации последствий экстремальных ситуаций, а также в целом уголовно-исполнительного законодательства в указанных случаях. The article is devoted to the identification and analysis of the problems of regulation in the Criminal code, the Criminal Executive code and other normative legal acts (based on the analysis of the regime of special conditions in correctional institutions), as well as the use of penalties not related to the isolation of convicts from society, in a natural disaster, the introduction of emergency or martial law («extreme conditions»). Especially focuses on the difficulties in activities of employees of penal inspections on execution of punishments in the form of compulsory or corrective work in respect of sick prisoners (serving sentences of which, in addition to external factors, influences and the presence of the disease), as well as challenges in limiting the rights of convicted persons and to impose on them additional responsibilities. It is concluded that further development of the institution of suspension of serving sentences not related to isolation from society, in case of impossibility of their execution, measures to stimulate such convicts by early release from serving sentences through involvement in work to eliminate the consequences of extreme situations, as well as in General the criminal Executive legislation in these cases, is relevant for convicts, including those with diseases.
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Đuričić, Svetlana. "Release on parole: Aspects of criminal law and procedure." Glasnik Advokatske komore Vojvodine 93, no. 1 (2021): 234–43. http://dx.doi.org/10.5937/gakv93-25550.
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Release on parole dates back to the middle of the 19th century and has roots in the progressive and Irish systems for executing punishment regarding persons deprived of liberty. Namely, the third phase in the execution of the sanction of imprisonment in the progressive system is called - release on parole, while it was the fourth phase in the Irish system. The Irish system for executing imprisonment was accepted in a large number of countries, including pre-war Yugoslavia. Modelled on this system, several prisons were created in Yugoslavia - in Zenica, Sremska Mitrovica, and Lepoglava. The purpose of release on parole is for the convicted person to behave properly while serving the imprisonment sentence, fulfil their work obligations, and not commit another criminal act for the duration of the sentence, all with the goal of re-socialization. Consequently, expanding the prohibition on the release on parole for certain criminal offences is contrary to the primary purpose of punishment as prescribed by art. 42, para. 1, point 1 of the Criminal Code; which is preventing the perpetrator from committing criminal acts and influencing them to not commit criminal acts in the future. Sentencing and executing sanctions must not be in retaliation for the acts committed, as it would be aligned with the theory of intimidation by punishment which has long since been abandoned; at present, the modern theory on the purpose of sanctions is widely represented, the theory of re-socialization, which has the individualization of the punishment of deprivation of liberty at the forefront, and that individualization is important to the re-education of the convicted person.
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Steiner, Marc. "EXECUTION OF ADMINISTRATIVE ORDERS ACCORDING TO SWISS ADMINISTRATIVE LAW." Administrative law and process, no. 3(26) (2019): 62–71. http://dx.doi.org/10.17721/2227-796x.2019.3.03.
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This contribution elaborates on the rather seldom treated topic of “execution” of administrative acts which lies at the interface between the administrative law and the law on administrative procedure. Special importance hereby is attributed to remedies against decisions on the enforcement of administrative acts and other types of injunction, that are in connection with a threat of punishment in accordance with Article 292 of the Swiss Penal Code. With reference to a recent judgment of the Swiss Federal Administrative Court, the law on debt enforcement and bankruptcy is also explained pointing out the difference between the enforcement of administrative acts and the execution of contractual claims on the part of public authorities.
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Sarat, Austin, Katherine Blumstein, Aubrey Jones, Heather Richard, Madeline Sprung-Keyser, and Robert Weaver. "Botched Executions and the Struggle to End Capital Punishment: A Twentieth-Century Story." Law & Social Inquiry 38, no. 03 (2013): 694–720. http://dx.doi.org/10.1111/lsi.12038.
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Why have accounts of botched executions not played a larger role in the struggle to end capital punishment in the United States? In the twentieth century, when methods of execution became increasingly controlled and sterilized, botched executions would seem to have had real abolitionist potential. This article examines newspaper coverage of botched executions to determine and describe the way they were presented to the public and why they have contributed little to the abolitionist cause. Although botched executions reveal pain, violence, and inhumanity associated with state killing, newspaper coverage of these events neutralizes the impact of that revelation. Throughout the last century, newspapers presented botched executions as misfortunes rather than injustices. We identify three distinct modes by which newspaper coverage neutralized the impact of botched executions and presented them as misfortunes rather than as systemic injustices: (1) the dual narratives of sensationalism and recuperation in the early years of the twentieth century, (2) the decline of sensationalism and the rise of “professionalism” in the middle of the century, and (3) the emphasis on “balanced” reporting toward the end of the century.
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Niyazova, Salomat. "The main means of ensuring a sentence execution in the form of restriction of liberty." International penitentiary journal 3, no. 1 (July 16, 2021): 12–20. http://dx.doi.org/10.33463/2712-7737.2021.03(1-3).1.012-020.
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Currently, the Republic of Uzbekistan is actively implementing reforms of the penal legislation and the Penal system. Their main tendency is to abandon the previously dominant opinion about the possibility of reducing crime by toughening penalties and to choose a course for strengthening and developing legal norms that promote greater individualization and differentiation of criminal responsibility. However, we have to admit that the current system of punishments does not have measures that can achieve the goal of correcting convicted persons without elements of isolation from society, but under the supervision of competent law enforcement agencies. The relatively rare use of the restriction of liberty, in the author's opinion, is explained by the insufficient development of the mechanism for its implementation, in particular, the means of ensuring its execution. The execution of a sentence in the form of restriction of liberty is ensured by a whole system of means that are closely interrelated. Conditionally, such means can be divided into two main groups: control-supervisory and psychological-educational means. Based on the results of the study, the author comes to the following conclusions. The enforcing means of liberty restriction are designed to create a reliable legal guarantee of the implementation of the principle of punishment inevitability and the fullest possible realization of the goals of punishment. Currently, there is no practice in Uzbekistan of using electronic means of control and supervision of persons sentenced to restriction of liberty. At the same time, only the implementation of the electronic tracking tools specified in the legislation for the control and supervision of persons sentenced to restriction of liberty, the definition of a specific order and methods of surveillance can affect the development of positive experience in the use of electronic bracelets in the Republic of Uzbekistan. A special category of persons sentenced to restriction of liberty is juveniles. When conducting educational work with them, it is necessary to take into account the factors that affect their behavior. In this regard, it is proposed to create a public organization consisting of juveniles at the age of 14 to 18 years, located at the inspection of the sentences execution of the internal affairs bodies and conducting educational activities with juveniles sentenced to restriction of liberty.
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Kryklyvets, Dmytro Ye, Yuliia V. Kerniakevych-Tanasiichuk, Yuliia O. Fidria, Kateryna S. Muzychuk, and Olena I. Sasko. "The process of pardoning those sentenced to life sentences and long terms of imprisonment as a criterion for increasing the liberality of the judicial system." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 277–87. http://dx.doi.org/10.37635/jnalsu.28(2).2021.277-287.
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The development of democracy, ensuring the rights and freedoms of citizens are inextricably linked with an increase in the quality and efficiency of the work of penal institutions, during which various types of criminal-executive legal relations arise, change and terminate. Attempts to introduce liberal European values into the everyday life of society made it necessary to modernise the activities of the penitentiary system in accordance with international standards. The need to introduce humane approaches and respect for human dignity in other special standards, which relate specifically to the sphere of the execution of criminal punishments, was noted. The novelty of the research is determined by the fact that the priority direction of this activity should be the process of further improvement of the penal legislation and the practice of its application, the strict observance of human rights and freedoms. One of the directions of these changes should be to improve the mechanisms for realising the right of convicts to imprisonment to a humane attitude and respect for their human dignity, based on progressive forms of ensuring it in accordance with international standards and existing best practices. Practical significance is determined by the fact that a country, when implementing the norms of pardon, assumes the obligation of more consistent implementation in legislation and practice of generally recognised international norms, primarily those that should ensure the implementation of human and civil rights and freedoms
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Olson, Trisha. "The Medieval Blood Sanction and the Divine Beneficence of Pain: 1100-1450." Journal of Law and Religion 22, no. 1 (2006): 63–129. http://dx.doi.org/10.1017/s0748081400003222.
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Here the worldling now all bound in fetters liesstarts to fear his God, his tears flow from his eyesJustice comes along, with gallows, wheel and sword:God tells the pious man to enter Heaven's door.Across medieval Western Europe, those who committed serious wrongs, such as homicide, arson, treason, and rape were subject to a wide range of capital punishments that were seemingly brutal, frequently bloody, and at times spectacular. Grisly images of an executioner dismembering a condemned's limbs from his torso, smashing his chest cavity, gouging his eyes, or piercing his body with hot pokers are the common stuff of scaffold art in the high Middle Ages. Such images attest to the critical role of pain in medieval capital punishment. Whereas in our day all attempts are made to render penal death painless, in the high and late Middle Ages, the tie between pain and death is not only tolerated but, at times, purposefully exacerbated.
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Crook, J. A. "Was there a ‘Doctrine of Manifest Guilt’ in the Roman criminal law?" Proceedings of the Cambridge Philological Society 33 (1987): 38–52. http://dx.doi.org/10.1017/s0068673500004910.
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R.A. Bauman in his bookImpietas in Principemtakes at its face value the abolition ofmaiestasby certain emperors at the beginning of their reigns: he believes that the whole law of treason was suspended during those periods. Since executions and other criminal punishments are recorded, by Tacitus and other writers, as occurring during those same periods, Bauman is obliged to look elsewhere than tomaiestasfor the legal justification of what occurred. He assigns some cases to the workings of adomesticum consilium, and explains some as resting on accusations of magic and some onparricidium; but in four or five cases, particularly that of Claudius' wife Messallina, he asserts that the punishment was based on a ‘Doctrine of Manifest Guilt’ supposed to exist in Roman criminal law, whereby in the case of the criminal caughtin flagrante delictono trial was necessary and the public authority could proceed directly to inflict the penalty. Two things are to be stressed about Bauman's contention: first, he is talking about the criminal, not the civil, law; secondly, and much more importantly, he is talking not about a merelyde factoproceeding, a mere exercise of naked power, but about a ‘Doctrine’, that is to say, a legally accepted rule capable of acting as a justification for the use of the power.