Search

The article is devoted to the study of the genesis of the legal status of convicts during the time of Ukraine's independence. The authors indicate that the relations between the state and those sentenced to imprisonment for a certain term and life imprisonment, as well as between the convicts in their environment and with other persons in the state-organized society, must be established by the state in a legal form - in the form of rights, freedoms and obligations. It is the observance of the rights of convicts that is given considerable attention by international organizations, as evidenced by the decisions of the European Court of Human Rights regarding non-observance of certain elements of the legal status of convicts in Ukraine. The authors believe that the question of analysis of changes in the legal status of convicts during the time of independent Ukraine is relevant. The authors indicate that in the science of criminal enforcement law, the legal status of convicts consists of three components, namely subjective rights, obligations and legal interests. Within the scope of their article, the authors consider only two components, the se are subjective rights and duties. As the subjective rights of those convicted of various types of criminal punishments in the science of criminal law, the authors see the possibility, provided for by law and directly guaranteed at the state level, of certain behavior of the convicted person or his use of certain benefits, the implementation of which is entrusted to the officials of institutions for the execution of punishments and is fixed by their obligations and those of other subjects of legal relations arising in the process of execution and serving of criminal punishments. As the duties of the convicted person, the authors consider the rights established in the mandatory and prohibitive norms: the measure of the necessary behavior of the convicted person while serving the sentence, which ensures the achievement of the goals of the punishment, maintenance of law and order during its serving, observance of the rights and legitimate interests of the convicted person himself, as well as other persons. Having conducted an analysis of the Correctional Labor and Criminal Enforcement Legislation, the authors came to the conclusion that the given analysis of only two components can be asserted that during the 30 years of Ukraine's independence, the national legislation paid attention only to its liberalization, paying attention in the vast majority to the rights of convicts without changing the approaches that reforming the system of their duties. [ABSTRACT FROM AUTHOR]

Introduction: the article considers legal issues of assistance in the formation and strengthening of social ties of persons subject to probation, identifies problems that arise in the implementation of these activities by bodies and institutions of the penal system when interacting with probation subjects, and proposes ways to solve them. Purpose: based on the analysis of empirical data from penitentiary bodies, to identify problems arising in their activities when restoring and strengthening social ties of persons subject to probation and propose ways for their solution. Methods: formal legal, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Results: the analysis of the regulatory framework governing probation and empirical information on the restoration and strengthening of social ties of persons subject to probation shows the existence of organizational problems, such as the need to take into account provisions of the Federal Law “On Personal Data” when receiving and providing information about relatives of a convicted person and other wanted persons, the need to cooperate with public authorities and involve public and religious organizations, and other civil society institutions in restoring and strengthening social ties of persons subject to probation. Conclusion: in order to solve the problems arising during the restoration and strengthening of social ties of persons to whom probation is applied, it is necessary to take into account provisions of the Federal Law “On Personal Data”, which presuppose the receipt and transfer of personal data of convict’s relatives and other wanted persons to the convict only with their written consent. It is necessary to expand and improve the practice of concluding agreements between penitentiary bodies and public authorities, public and religious organizations in order to constantly interact on issues of restoring and strengthening social ties of persons subject to probation.

The article researches international standards for the protection of the rights of convicts and prisoners. It was determined that international standards for the protection of the rights of convicts and prisoners are a set of norms and principles established by international organizations, which determine the minimum requirements for the treatment of persons in places of deprivation of liberty, which must be observed in the countries that are parties to the relevant international treaties for ensuring the appropriate level of protection of their rights. It was noted that the standards of the international mechanism for the protection of the rights of convicts and prisoners establish specific criteria and norms that must be observed in different countries to ensure an adequate level of protection of the rights of people who are in places of imprisonment. It is emphasized that, depending on the classification and type of standards, they have a universal, regional, mandatory, advisory, general and specialized character, and are applicable to different categories of convicts and prisoners. It is substantiated that thanks to the implementation of international standards for the protection of the rights of prisoners to the legislation of Ukraine and the practice of penitentiary activities, positive changes have been noted in this area: a number of reforms aimed at humanizing the system of execution of punishments, including reducing the number of convicts and prisoners by introducing alternative types of punishment, have been implemented, such as probation; state bodies monitor compliance with the rights of convicts and prisoners, includingthrough cooperation with international organizations such as the Committee for the Prevention of Torture of the Council of Europe; the living conditions of convicts and prisoners were improved in penitentiary institutions; educational and vocational training programs are implemented, which help convicts and prisoners acquire new skills and prepare for reintegration into society after release; the cooperation of the penitentiary system with nongovernmental organizations is developing through the implementation of joint projects, monitoring, legal assistance and advocacy, etc. [ABSTRACT FROM AUTHOR]

Copyright of Al-Adab / Al-ādāb is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Necmettin Erbakan University School of Law Review is the property of Necmettin Erbakan University School of Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on the legal aspects of supervised probation. Domestic legislation has undergone fundamental changes in the area of regulation of legal relations related to probation following the adoption of the Law of Ukraine «On Probation» on 5 February 2015. Probation is defined as a system of supervisory and social and educational measures applied to convicted persons by a court decision and in accordance with the law, execution of certain types of non-custodial criminal sentences, and provision of information to the court on the defendant. One of the types of probation is supervisory probation, which is aimed at implementing supervisory and social and educational measures in relation to persons sentenced to deprivation of the right to hold certain positions or engage in certain activities, community service, correctional labour, persons whose sentence of restriction of liberty or imprisonment for a certain period of time was commuted to community service or correctional labour, persons released from serving a sentence with probation, pregnant women and women with children under the age of The legal system of probation and the activities of probation bodies in Ukraine is provided for by the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, the Criminal Executive Code of Ukraine, the Law of Ukraine «On Probation», other laws and international treaties ratified by the Verkhovna Rada of Ukraine. The purpose of supervised probation is to develop individual programmes for the convicted person, which would allow for the re-education of the person, adaptation to society, and prevention of new criminal offences. The main functions of supervised probation are vested in the probation body, which supervises convicted persons, develops and implements probation programmes, which are a necessary component of the tasks of supervised probation. Thus, a necessary component of the re-education of a convicted person is the implementation of the supervisory measures assigned to him/her. [ABSTRACT FROM AUTHOR]

This research departs from the 2020 Boven Digoel Regional Head Election, where the regional head had committed criminal acts of corruption while serving as regional head for two periods, namely 2005-2010 and 2010-2013. Furthermore, when he was running again as regional head in 2020, he was a former convict. This corruption was disqualified by the constitutional court after he was re-elected as regional head because he did not meet the requirements of Per.PKPU No.1/2020. This research focuses on Per.PKPU No.1/2020. The type of research carried out by researchers uses normative legal research with conceptual, case and statutory approaches. The results of the research confirm that based on Per.PKPU No.1/2020 there is an exception which means that former corruption convicts can run for office after a five year gap period after being released from serving a criminal period in prison and former corruption convicts in Boven Digoel have fulfilled this exception. Based on the principles of popular sovereignty and democracy as regulated in Article 28C (2) UUD NRI 1945, the second amendment, former corruption convicts can participate in the state by nominating themselves as regional heads. This is reaffirmed in Article 1 (2) UUD NRI 1945. Based on Article 43 Law No.39/1999, former corruption convicts have the right to become regional leaders by nominating themselves as regional heads. Based on Article 28 (2) UUD NRI 1945, to fulfill justice, former corruption convicts are given the opportunity to become regional heads by fulfilling their human rights, such as the right to nominate themselves after a five-year hiatus from being a corruption convict.

The modern system of execution of the prison sentence, unlike the first classical systems of execution of this sentence, is based on the principles of individualization, resocialization and humane treatment of convicted persons. Adapting the method of execution of the prison sentence to the convicted person in order to achieve the purpose of punishment as efficiently as possible is the basic principle of the modern system of execution of the prison sentence or a prerequisite for the successful resocialization of the convicted person. The principle of humane treatment of convicted persons is based on prescribing the basic (minimum) rights of convicts serving prison sentences by national legal regulations, but also establishing minimum legal standards at the regional and global international level. Bearing in mind the conformity of the legislation of the Republic of Serbia with the standards prescribed by international sources in the field of the rights of persons deprived of their liberty, the right of convicted persons to visits by family members and establish contacts with the outside world represent a significant factor in achieving the resocialization of convicted persons and a prerequisite for their successful reintegration into social community. The rights of convicted persons serving prison sentences in penal institutions differ, first of all, depending on whether it is the general population of convicts or, on the other hand, the so-called special categories of persons sentenced to imprisonment. One of the basic rights of convicted persons serving their prison sentence in a penitentiary is the right to be visited by family members. The subject of the author's attention is precisely the right to visit family members, but also to have other contacts with the outside world. It is a right that, basically, all categories of convicted persons have, but the right to visits by family members, the scope and frequency of visits differs depending on the category and position of the convicted person in the institution and the possibility of using the extended rights (conveniences) of the convicted person.

The modern system of execution of the prison sentence, unlike the first classical systems of execution of this sentence, is based on the principles of individualization, resocialization and humane treatment of convicted persons. Adapting the method of execution of the prison sentence to the convicted person in order to achieve the purpose of punishment as efficiently as possible is the basic principle of the modern system of execution of the prison sentence or a prerequisite for the successful resocialization of the convicted person. The principle of humane treatment of convicted persons is based on prescribing the basic (minimum) rights of convicts serving prison sentences by national legal regulations, but also establishing minimum legal standards at the regional and global international level. Bearing in mind the conformity of the legislation of the Republic of Serbia with the standards prescribed by international sources in the field of the rights of persons deprived of their liberty, the right of convicted persons to visits by family members and establish contacts with the outside world represent a significant factor in achieving the resocialization of convicted persons and a prerequisite for their successful reintegration into social community. The rights of convicted persons serving prison sentences in penal institutions differ, first of all, depending on whether it is the general population of convicts or, on the other hand, the so-called special categories of persons sentenced to imprisonment. One of the basic rights of convicted persons serving their prison sentence in a penitentiary is the right to be visited by family members. The subject of the author's attention is precisely the right to visit family members, but also to have other contacts with the outside world. It is a right that, basically, all categories of convicted persons have, but the right to visits by family members, the scope and frequency of visits differs depending on the category and position of the convicted person in the institution and the possibility of using the extended rights (conveniences) of the convicted person. [ABSTRACT FROM AUTHOR]

The article presents the author’s vision of the problem of resocialization of convicts as a strategic goal for the criminal-executive system, determined by the state’s criminal-executive policy. In the course of the research, controversial issues of interpretation of such definitions as: “policy”, “anticriminal policy”, “criminal enforcement policy”, “resocialization of convicts” were considered. In the process of research, attention is focused on the specifics of the doctrinal definition of a multifaceted social phenomenon - politics, which made it possible to formulate the author’s view on the concept of anti-criminal policy. The author proposes to consider it as a practice of subjects authorized by the people of the country to develop the state’s general line regarding the impact on crime, which covers the definition of the main concept (strategy) of the directions and means of its implementation, the allocation of the necessary resources for this, and the implementation of control and supervision over its implementation in life Based on the given generic concept and modern doctrinal positions, the author formulates an understanding of criminal enforcement policy as a separate type of anti-criminal policy, which is manifested in the activities of authorized subjects to determine strategic goals, principles of operation, tasks for the system of execution and serving of punishments, means their achievement, as well as control and supervision of the process of implementing such plans. In the future, taking into account the results of the above analysis of legislative norms regulating the distribution of powers of state bodies in the field of internal policy formation, the author specified the criminal enforcement policy as the activity of the Verkhovna Rada of Ukraine to define strategic goals, principles of operation, tasks for the system of execution and serving of punishments, means for their achievement, as well as the implementation of parliamentary control over the process of implementing such plans. The review of the normative essence of the resocialization of convicts through the prism of the given definition of criminal enforcement policy made it possible to reveal its role as a strategic target guide for the punitive mechanism of the state. Further consideration of the legal concept of resocialization of convicts, enshrined in the Criminal Enforcement Law, revealed the fact that its content is presented ambiguously, as well as in general such that it cannot be defined by signs. Based on the results of the research, the author makes a statement about the potential impossibility of the criminal-executive system, no matter what conditions it creates for the correction of convicts, to achieve its strategic goal - the resocialization of persons serving a sentence. [ABSTRACT FROM AUTHOR]

Copyright of Polish Journal of Social Rehabilitation / Resocjalizacja Polska is the property of Pedagogium Foundation and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the libraries and reading rooms in Armenian prisons, focusing on the impact of reading on inmates' lives. It addresses issues such as library regulations, catalog compilation, book maintenance, librarian duties, and book replenishment, while exploring methods to promote reading among prisoners. The study concludes that assessing the practical benefits of reading for inmates is difficult due to a lack of incentives, supportive conditions, and programs that encourage a reading culture within the prison system. [ABSTRACT FROM AUTHOR]

The article treats about problem of special protection which is dedicated to convict taking part in criminal proceedings as witness, suspect, accused or aggrieved and due to this position there exists serious threat or immediate concern of serious threat to his life or health. Such kind of protection is connected with fact that the person covered by it, may be attacked or threatened by others who are afraid of being in worse position in leading criminal cases or beig accused of any offence. The analyzes performed in the text prove that regulation of article 88d of Polish Executive Penal Code is complicated, leads to unequal treatment of convicts and basically duplicates the existing regulations in convict’s protection. It is proposed to remove the article 88d from Polish Executive Penal Code.

The problematic issues of legislative consolidation and application of forced feeding to convicts who refuse to take food in institutions of execution of punishment are considered. An analysis of domestic and international legislation in the field of treatment of convicts, prohibition of torture and other cruel, inhuman or degrading treatment and punishment, principles of medical ethics and deontology regarding the admissibility of forced feeding of persons who have declared a hunger strike was carried out. Special attention is paid to the analysis of the decisions of the European Court of Human Rights against Ukraine, which found a violation of Article 3 of the Convention on the Protection of Human Rights and Fundamental Freedoms in the context of the treatment of convicts during their forced feeding, which was classified as torture. Emphasis has been placed on the fact that the Convention on the Protection of Human Rights and Fundamental Freedoms in itself does not prohibit forced feeding, the purpose of which is to save the life of a specific person who is in custody and who deliberately refuses to eat. At the same time, it has been emphasized the need to comply with the requirements established by the European Court of Human Rights regarding the implementation of this procedure. It has been proposed to abandon and prohibit the forced feeding of a mentally healthy and capable person who has declared a hunger strike, contrary to his informed and voluntary refusal, in the form in which it currently exists, replacing it with artificial feeding (supportive therapy) with the express or necessarily implied consent of the person.

One of the most important issues is the involvement of the prisoners in labor in jails and the improvement of their professional skills. A number of state programs have been developed and directed to the implementation of the involvement in labor and vocational training of the able-bodied prisoners in the prisons of Penitentiary Service. Involvement of prisoners in labor, as a type of correctional means, occupies one of the important places in their correction. In the presented material, the legal basis of involvement of the convict in labor and education was analyzed. [ABSTRACT FROM AUTHOR]

Описываются особенности поведения осужденного, анализируется его личность и как длительная изоляция от общества влияет на нее. Отсутствие полноценного социального взаимодействия оказывает на психическое и когнитивное здоровье человека целый ряд негативных эффектов. Целью уголовно-исполнительного законодательства Российской Федерации является исправление и перевоспитание осужденных, а также предупреждение совершения новых преступлений. Чтобы в общество вернулся не преступник, а полноправный законопослушный гражданин, который принес бы пользу государству и обществу, необходимо приложить немало усилий сотрудникам исправительного учреждения. От уровня профессионализма и компетенции педагогов, а также духовного и нравственного состояния зависит конечный результат образовательно-воспитательной работы. Помимо высокого профессионализма, навыков и умений, педагог должен обладать определенными качествами и проявлять большое терпение и гибкость в работе с молодыми людьми в исправительной колонии. Для того чтобы проведенная воспитательная работа была результативной, необходимо применять различные педагогические технологии, современные нетрадиционные формы и методы работы. Особое внимание уделено тому, с какими трудностями сталкивается педагог, работая в неблагоприятном окружении, какие особенности впоследствии он приобретает, какие барьеры на своем пути встречает и какие условия необходимы для их успешного преодоления. Представлена специфика и общее состояние образовательного процесса в местах лишения свободы. Рассматривается совокупность проблем, решение которых возможно только при условии взаимной заинтересованности представителей отраслевой науки, педагогических коллективов училищ исправительных колоний и руководителей учреждений пенитенциарного типа.

The article is devoted to the study of the criminal radicalism determination among convicts. It has been established and substantiated that this criminal phenomenon is linked to groups of cultural, psychological, organizational and managerial factors. It has been described and explained the content and role of elements of criminal subculture in the reproduction of criminal radicalism among convicts. Attention has been focused on the imperative of a negative attitude towards voluntary cooperation with representatives of the administration of penal institutions. The corresponding communication ban is based on the attitude of opposition to the state in general and law enforcement agencies in particular, on the internal consolidation of the criminal environment and direct or indirect opposition and personal opposition to law enforcement practices, including resocialization in penitentiary institutions. It has been proved that the stratification and normative elements of criminal and prison subculture determine both the system of social and status hierarchy in the criminal environment in general and among convicts in particular, and the mechanisms of forced identification and inclusion in this system. Both variants (inclusive-adaptive and inclusive-disadaptive) of prisonization provide for mandatory stratification infiltration of the convicted person into social structures of a criminal-subcultural type. In the case of conflict-free inclusion, if the convict has a predicate prison experience, personal perception and external recognition of the relevant status, the radicalization of a person occurs according to the analytical scheme of an inclusive radical. Criminal opposition is carried out either against rival criminal groups or against the administration and staff of the penitentiary institution. Otherwise, criminal radicalism is directed at the environment of convicts. It has been characterized the influence of reification factors, depersonalization of convicts' personalities, professional deformation of penitentiary staff, low quality of social and psychological work with convicts, shortcomings in the personnel policy of the State Criminal Executive Service of Ukraine, insufficient efficiency of management in the field of accommodation of convicts, formalism and low quality of diagnosis and distribution of convicts upon their admission to correctional colonies, and errors in the formation of groups of convicts.

Wide attention to topical issues of the problems of ensuring observance of constitutional rights and freedoms of the individual, as well as the legitimate interests of those sentenced to deprivation of liberty in the Republic of Kazakhstan and their implementation are becoming important in modern conditions. It is known that all committed criminal offenses encroach on the personal rights and freedoms of a person and a citizen. Ensuring the constitutional rights and legitimate interests of those sentenced to deprivation of liberty, guarantees that the state and citizens will fulfill their duties in providing the opportunity to enjoy the rights enshrined in law. This is important, first of all, because a person himself determines the range of information that is confidential or can be disclosed from his personal life, as well as what information he has the right to receive. The article under consideration highlights the issues of ensuring the constitutional rights and legitimate interests of convicts sentenced to deprivation of liberty, reflects the main directions for improving the rights and legitimate interests of convicts in the Republic of Kazakhstan in the execution of sentences. The authors emphasize that convicts, being an integral part of civil society, must be protected by the state with their rights and freedoms, even in isolation. Lack or incomplete provision of this function leads to the discrediting of not only the penitentiary system, but also the entire law enforcement system of the state.

The article deals with electronic surveillance as one of the forms of imprisonment. The author's intention was to present this institution as serving the realization of statutory goals of imprisonment. In this way, the hypothesis that this supervision is an important element of the contemporary penitentiary policy of our country has been proved. In addition, the aim of the presented study was to present the social aspects of the use of electronic surveillance, including the benefits that the prisoner achieves. The author has described the institution in question and the principles of its functioning. She also formulated a de lege ferenda postulate to limit the possibility of using the supervision in question by convicts serving their sentences in penitentiary institutions. She presented selected results of surveys conducted twice by the Justice Institute and an audit conducted by the Supreme Chamber of Control in 2013 to assess the functioning of electronic supervision. She referred to the opinions of some representatives of doctrine in the aspect of evaluation of the supervision in question, including as a tool of the state's re-socialisation policy. She also formulated a number of conclusions and her own assessments.

Crime and punishment have a history as deep as human history. As in all societies, there were criminals in the Ottoman society as well. The perpetrators, on the other hand, were subject to different punishments. In this context, there has been an unchanging type of prison sentence in the punishments given throughout history. Since the place where the prison sentence is executed is a prison, the existence of prisons dates back to the oldest periods of history. As in the old periods of history, these places have preserved their existence in an important way in the Ottoman Empire. One of the Ottoman prisons that retained its importance was the Ergani Mine Public Prison. In this study, the developments in the location and physical structure of the Ergani Madeni Public Prison, which is the center of hard labor, from 1860 to 1920, the works carried out for the renovation of the physical structure, and the developments regarding the personnel working in the prison are discussed. In addition, the reflections of the rehabilitation works on the physical structure of the prisons on the sanjak prison were tried to be examined in the study. In this study, which covers the second half of the 19th century and the beginning of the 20th century, the Prime Ministry Ottoman Archives and copyrighted works were used as a source. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Psychology & Sociology is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background. Currently in the Russian Federation there are changes in the quantitative and qualitative characteristics of crime. New forms of criminal activity appear, methods of committing crimes are modified. This is largely due to the fact that new qualities and signs appear in the personality structure of a modern criminal. All this predetermines the study of the personality characteristics of the individual, which determine his criminal behavior, in order to develop measures for the prevention of individual crimes and the impact on crime in general. The foregoing emphasizes the relevance of the study. The purpose of the study is to identify the typical properties that make up the essence of the personality of a modern criminal. Materials and methods. The article used doctrinal sources on the problem under study and the results of sociological surveys of convicts. The methodological basis was the universal dialectical method of cognition. Also, when preparing the article, the following methods were implemented: logical, formal legal, expert assessments, and questioning. Results. In the course of the study, the main features of the personality of a modern criminal were revealed. Conclusions. It is concluded that socio-demographic, moral-psychological, criminal-legal and biological signs of the offender's personality are interconnected, and together they determine individual criminal behavior. However, moral and psychological properties have a dominant influence on the formation of a criminal personality.

The article in its content refers to the little commented issue related to penitentiary detention as a Wednesday of legal reaction and in its terms it has a de lege lata character. The aim of the article was to draw attention to the procedural and technical sphere related to the detention of a person in the penitentiary detention mode. Another aim of the article has become an attempt to draw attention to whether it is possible to regulate penitentiary detention in a standardized manner in one normative act. The legal exegesis presented in the study clearly indicates that the issue of penitentiary detention has been dispersed in many normative acts. Such a situation, in turn, creates undefined spheres, because its implementation is carried out in time – from the moment the person is arrested by the Police until the person is brought to a penitentiary unit. Therefore, the study posed a research question to what extent it is possible to simplify this procedure at the normative level, which would include a consolidated legal act.

Copyright of Asia Minor Studies is the property of Asia Minor Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The theoretical part of this work describes main legal normative documents which regulate the process of conditional release of convicts. Based on the analysis which was carried out on a number of foreign and domestic scientific publications, the author identified and de-scribed the main criteria taken into account in making a decision whether to recommend a convict for a conditional release as well as the major challenges in implementing condi-tional release. Using empirical analysis (content analysis and statistical data processing was performed on the key work results of a psychological service unit with 46 subjects), we iso-lated and described the main types of psychological work carried out with convicts in cor-rectional facilities. We also formulated major criteria for the psychological service experts to make decisions (of indicative and prognostic character) as to whether to recommend a convict for paroling. From the theoretical and empirical analysis we distil certain recom-mendations whose further research and consideration might (in our opinion) improve the efficiency of conditional release implementation.

The use of firearms is the most severe means of coercion that may be employed against a convict. The legal acts regulating the execution of criminal sanctions also foresee the use of firearms as means of coercion. The authors' attention is the use of firearms against a convict in the case of escape from a penitentiary. The authors highlight, first and foremost, who and under what conditions may employ a firearm against a convict. The relevant legal acts are analyzed and adequate and deficient solutions concerning the use of firearms are identified. The authors suggest de lege ferenda solutions.

Women in a patriarchal system have a close relationship with domestic roles. This study aims to describe the construction of women's roles faced by a woman before becoming a prisoner in a short story entitled Surat dari Tini Chen: Siapa Saya written by Tini (pseudonym), a former convict. This research is descriptive qualitative in nature and has qualitative data taken through library techniques. The approach used in this study is structural story analysis and feminist literary criticism with an intersectionalism approach to explaining social phenomena that become the factor of oppression. The results show that three factors (i.e., education, power relations, and psychology) support the formation of structural oppression on Tini. The economic condition is the estuary that underlies the emergence of the factors.

Introduction: the article is devoted to the creation of correctional institutions of combined type with regard to the current penal enforcement legislation and the Concept for the development of the penal enforcement system of the Russian Federation up to 2030. The foundation of correctional institutions of this type corresponds to the modern penal enforcement policy of the Russian Federation, but requires scientific study. The relevance of the presented article is also determined by modern trends in penitentiary science and practice. Purpose: on the basis of generalization and analysis of official statistical data, theoretical and scientific sources, findings and approaches of scientists-penitentiaries, to comprehensively reveal the prospects for establishing institutions of combined type at the current stage of the RF penal enforcement system development. Methods: the dialectical method of scientific cognition was used when writing a scientific article. The following scientific methods of cognition were also applied: comparative law, induction, deduction, analysis, synthesis, and statistical. Results: in the course of the study and based on its results, the authors developed a theoretical model of a complex correctional institution (institution of combined type), which includes separate areas proposed and scientifically justified by the authors. Each area of the combined type institution selected by the authors is described separately and in detail. The theoretical model of a complex correctional institution (institution of combined type) corresponds to the provisions of the current legislation, as well as the prospects for its development up to 2030, and also widens and complements them. Conclusions: in order to capture correctional facilities of a combined type in the RF penal enforcement legislation, it is proposed to enshrine the theoretical model of a complex correctional institution proposed by the authors in the corresponding articles.

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Erciyes Üniversitesi Hukuk Fakültesi Dergisi is the property of Erciyes University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The citizen, in a democratic state, has duties assumed and freedoms guaranteed by the state, equal for all citizens. The two notions are not in the same plane, nor do they have the same content. Human rights represent a minimum of prerogatives necessary for human self-determination, while public rights and freedoms are prerogatives that ensure the concrete individual's security and protection, being his true claims on society. The Law, in the sense of individual law or collective law, is the possibility, the faculty recognized by society or the behavior imposed by it, through the state, to satisfy the social needs of the active and passive subject, in the spirit of equity, to do, not to do, to give or not to give, or to claim or receive something, ensured if necessary through the coercive force of the state. The obligation is the bond recognized or imposed by society, through the state, of a subject to another subject, by which the first is held to, in the spirit of good and equity, to do, not to do, to give or not to give something, according to the rights and freedoms of the second, under the sanction of state coercion. So, the obligation is a legal bond, the execution of which is guaranteed, if necessary, by the coercive force of the state. Therefore, by law, the society recognizes, protects and guarantees the goods, legitimate interests and other values of the individual, the collective and the society, in order to satisfy the needs, ensuring, if necessary by force, the observance of the obligations necessary to fulfill them. [ABSTRACT FROM AUTHOR]

This study aims to clarify what is meant by accelerating the suspension of execution as well as to unearth the conditions of the moratorium necessary for the court to respond to the request. The study also aims to clarify the legal nature of both the request of the moratorium and the ruling issued in respect as well as the effects of its ruling. The research problem refers to the fact that the subject it addresses has not received the attention of the Palestinian legislator as expected especially when he referred to it in the implementation law which stipulated the right to request to halt the execution without stating the details and procedures for its use or clarifying the legal nature of the request for any conciliation or appealing against any ruling issued thereof. Thus, the study addresses several questions related to the legal organization of the halting request. In the study, the descriptive, analytical approach has been used. It has been concluded that this guarantee is one of the most important steps established in favor of the person sentenced to expedited execution and that the court has wide a discretion in responding to the request or not. The legislator has not clarified the legal nature of halting request or the ruling issued therein. Nor has he explicitly stated the probability to appeal against it. [ABSTRACT FROM AUTHOR]

In 2020, some scholars publicly demanded that the newly established Division of Convict Criminology (DCC) of the American Society of Criminology (ASC) change its name. Critics asserted that the use of 'convict' caused further stigmatization of those of us with direct criminal justice experience. Unbeknownst to those critics, prior to the official formation of the DCC, the informal group known as Convict Criminology engaged in a decades long conversation about language and appropriate terminology. This paper responds to the critiques by exploring the power of language, summarizing various sides of the ongoing language debate, reviewing existing convict criminology research, and addressing structural violence within the academy. We conclude with a call to action that asks scholars to address the endemic structural violence in academia that perpetuates our oppression before attempting to police our language. [ABSTRACT FROM AUTHOR]

Presidential or executive power of pardoning convicted offenders is, generally speaking, beyond ordinary checks and balances. It could arguably be one of the most controversial of executive powers prone to abuse by the political elite. To the extent that the power sanctions the circumvention of the justice system by undoing, sidestepping, and interfering with some judicial outcomes, its appropriateness has been questioned as being possibly a serious indictment on the separation of powers and the rule of law. This contribution focuses on the use of the presidential power of clemency in Zambia as a reflective case study. It addresses some of the legitimate questions that arise from a legal and constitutional standpoint in the use of this power. The paper argues that the danger that is posed to the independence of the judiciary by the power of pardon does not derive from the mere existence of the prerogative of mercy powers, but rather from collateral factors such as the apparent failure to understand the extent to which pardoned convicts lose their rights, rather than gain them; the apparent failure to appreciate the justice protective function of the power of pardon itself; and the absence of inbuilt trigger mechanisms in the law to monitor possible abuse of the power. [ABSTRACT FROM AUTHOR]

Copyright of Hacettepe Law Review is the property of Hacettepe Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Societies develop rules and norms of social coexistence that have to be observed because they guarantee social order. Penalties help maintain social balance and ensure the safety of all individuals. However, there are people who threaten others with anti-social behavior, and consequently, a system of penalties and sanctions are essential. One can risk a statement that the level of development of a given social group depends on the type of penalties applied in it.

Social developments require updating the legislator's perspective in line with these changes. While not tolerating commission of the crime and always seeking good response to anomalies, the community also cares about correcting the offender for socialization. The study of Islam's criminal resources and the place of repentance in this system indicates the emphasis on reforming man and his leadership to return to society. In this regard, the legislator, in note 2 of Article 278 of the Islamic Penal Code of 1392, has conferred on the Supreme Leader the power to pardon or convert the penalty of convicts to Nata’ziri imprisonments, on the condition of perpetrator’s repentance and expediency. This conferral of authority to the Supreme Leader is absolute in undesignated Ta'zir, but, in the designated penalties, with regard to their mere divine aspect, it is reflective. On the other hand, although the terms of the Penal Code refer to "expediency" or "religious designated Ta'zir", no attempt has been made by the legislator to clarify these terms. The achievement of the present article indicates that while expediency is justified in tolerance towards convicts, the legislator has not been able to clearly explain the matter without contradicting legal regulations ...

Introduction: the paper analyzes the amendments made by the Decree of the President of the Russian Federation no. 797 of December 14, 2020 to the Decree of the President of the Russian Federation of December 28, 2001 no. 1500 “On commissions for pardon in the territories of constituent entities of the Russian Federation” and the norms of the new Regulation on the procedure for considering petitions for pardon in the Russian Federation. Methods: comparative legal method and method of interpretation of legal norms. Results: having analyzed legal documentation on the activities of the commissions and having considered convicts’ petitions for pardon, we point out the following positive changes: an increase in the rotation period of members of the commissions for pardon; clarification of their analytical and control functions; inclusion of social adaptation in the number of circumstances taken into account when considering the issue of pardon; exclusion of personal data of individuals recommended for pardon by the highest official of a constituent entity of the Russian Federation from publication in the mass media; taking into account the opinions of the victims of the crime. We think that negative changes are those that have created new problems in the form of contradictions with the norms of criminal and penal legislation. These include the possibility of granting pardon to persons serving other criminal law measures, and applying for pardon directly to the commission on pardons, bypassing the administration of institutions and bodies that execute sentences. Conclusion: the current task to expand the practice of granting pardon cannot be solved by adopting a new Regulation on the procedure for considering petitions for pardon in the Russian Federation.

Introduction: we usethe analysis of official data and the results of our own research to identifymajor issues in the work ofprobation inspectorates aimed at executing penalties in the form of correctional labor. Aim: taking into account current practice of execution of punishment in the form of correctional labor, we formulate some organizational and legal proposals for supporting the activities of probation inspetorates, aimed at improving the effectiveness of execution of this type of punishment. Methods: generalization, comparison, dialectical-materialistic theory of knowledge, questionnaire survey, expert assessment, statistical analysis, comparative-legal method. Results: our proposals for changing the current legislation will help to enhance the performance of probation inspectoratesin their work related to the execution of sentences in the form of correctional labor as a real and in-demand alternative to incarceration. Conclusions: main reasons for insufficient labor involvement of convicts sentenced to correctional worksare as follows: probation inspectorates and territorial bodies of the Federal Penitentiary Service of Russia do not conduct effective preliminary work that wouldhelp to create favorableworkingconditions for the convicts in this category; cooperation of probation inspectorates with municipal authorities at various levels and with regional state authorities is at a low level; as a result, convicts cannot be brought to work in full; there is no legal mechanism to encourage employers to provide jobs to convicts; regional state authorities have yet to introduce appropriate changes to regional legislation so as to reduce the tax on profits of enterprises and organizations that provide jobs for those sentenced to correctional labor; probation inspectorates staff lack initiative with regard to employment quotas in institutions where prisoners work; the personality of a convicted person who is prone to committing crimes and other offenses has not been studied thoroughly. It is obvious that there is a need to develop a mechanism for legal regulation of the functioning of probation inspectorates in the field of execution of sentences in the form of correctional labor.

Copyright of Polityka Spoleczna is the property of Institute of Labour & Social / Instytut Pracy i Spraw Socjalnych and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The use of firearms is the most severe means of coercion that may be employed against a convict. The legal acts regulating the execution of criminal sanctions also foresee the use of firearms as means of coercion. The authors’ attention is the use of firearms against a convict in the case of escape from a penitentiary. The authors highlight, first and foremost, who and under what conditions may employ a firearm against a convict. The relevant legal acts are analyzed and adequate and deficient solutions concerning the use of firearms are identified. The authors suggest de lege ferenda solutions. [ABSTRACT FROM AUTHOR]

The author, based on the available literature and his own professional experience in the police service, analysed the state of the penitentiary policy applied to convicts. He took into account and characterized the background of the activities performed as part of the execution of the imprisonment sentence in the People's Republic of Poland until 1989 and the solutions applied after the systemic transformation, indicating the status of the convict within the framework of rehabilitation procedures. He presented solutions in the area of social rehabilitation of prisoners and the possibility of their return to social life. In addition, he referred to the sociological basis of social rehabilitation as part of supervised freedom.He took into account and characterized the background of the activities performed as part of the execution of the imprisonment sentence in the People's Republic of Poland until 1989 and the solutions applied after the systemic transformation, indicating the status of the convict within the framework of rehabilitation procedures. He presented solutions in the area of social rehabilitation of prisoners and the possibility of their return to social life. In addition, he referred to the sociological basis of social rehabilitation as part of supervised freedom.

In the subject literature it is emphasised that completion of the penalty of deprivation of liberty is not an effective way to prevent former convicts from committing subsequent offences. Thus, an endeavour is being made to find the alternatives to isolation penalty, at which point electronic supervision on the convicts is indicated. Although the provisions of law pertaining to such solution are quite clear, the data pertaining to its effects are not so extensive. In connection therewith, the research was undertaken to reveal the opinions of men serving the penalty of deprivation of liberty on the issue of effectiveness of supervision imposed on them in the past. As part of the research, both diagnostic survey method and author’s own questionnaire were used. It involved 229 men who had been previously under the electronic supervision and are in the conditions of penitentiary isolation at the time of research. The obtained results of the study confirm the advantage of positive opinions of the convicts about the supervision carried out. This subjective assessment, however, does not fully coincide with the objective one, carried out in the perspective of returning to prison and the relatively low nuisance of electronic supervision which is treated as a punishment. They encourage to reflect on the detailed diagnosis of the accused persons being conducted prior to the imposition of electronic supervision pursuant to court decision.

Copyright of Tarih İncelemeleri Dergisi is the property of Tarih Incelemeleri Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the article, based on the analysis of the materials of criminal cases initiated in 2010-2015, an attempt is made to identify certain criminal characteristics of the personality of a typical convicted person who commits crimes in the form of disorganization of the institution providing isolation from society during the period of serving a criminal sentence in the form of imprisonment in correctional colonies of general, strict and special regimes. It was found that the commission of such crimes is typical of male persons with secondary education. As a rule, penitentiary criminals disorganizing the activities of institutions that provide isolation from society are not on preventive and medical records. However, such a category of criminals more often has two or more criminal convictions, the experience of committing crimes related to violence or the threat of its use, as well as crimes against justice and state power. A characteristic feature of convicts committing such crimes is also the fact that the majority of such persons are violators of the established regime of serving punishment.

Correctional facility is a very specifi c form of an isolation institution. Due to the specific conditions in penitentiary facilities and the complete isolation of convicts, ensuring security for both convicts and prison staff requires application of various means and tools. The subject of the analysis concerns description of the basic regulations and practical diffi culties related to using of video surveillance and determination whether it has an impact on shaping the level of security in correctional facilities. The paper highlights factors that may aff ect the level of security among convicts in correctional facilities by analyzing such aspects as overcrowding of facilities and convicts’ belonging to specific groups of prisoners. The research method used in the work is the dogmatic legal method. The exploration led to a conclusion that legislative changes are needed that will clarify the content of provisions regulating the use of video surveillance in correctional facilities, including: the scope of competences of the head of the correctional facility to put the convict under video surveillance; determining the maximum period of time of storage of the video or audio recordings; determining the catalogue of situations in which video surveillance can be installed in baths, sanitary stations and rooms intended for personal search in the context of respect for the privacy of convicts.

There are more than thirty penal institutions in the Republic of Serbia in which persons deprived of liberty "reside" due to different reasons as prescribed by law. A convicted person is committed to serve a prison sentence after the final court judgement. This is the rule, however, there is an exception. The position of a convict while serving a prison sentence depends on the type of penal institution in which the convict serves the sentence. There are many circumstances prescribed by law that determine to which penal institutions a convict will be committed to. Since 2009, there have been special rules on serving prison sentences for a certain category of convicts in the Republic of Serbia. This is when the Law on the Enforcement of the Prison Sentence for Criminal Offenses of Organised Crime was enacted. The author focuses on the committal of the most dangerous convicts to serving prison sentences. In this regard, the author points out who the most dangerous convicts are, where they serve the prison sentence, and how the procedure of committing the convict to serve the sentence is organised.