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SUMMARY: The interface between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) can throw up complex issues. This article reviews a Court of Protection case that considered this interface specifically in the context of physical healthcare for a patient detained under the MHA. The court analysis also included consideration of the European Convention on Human Rights, the Mental Health Units (Use of Force) Act 2018 and the concept of residual liberty. The judgment describes principles to be applied when considering whether non-consensual physical health treatment for detained patients could result in a further deprivation of liberty. Discussion of other Court of Protection cases considers the issue of communication during a capacity assessment, the MHA/MCA interface in obstetric cases and what test to apply in determining whether a patient could be detained under the MHA. Such principles and guidance are helpful in clinical practice for healthcare professionals who deal with the MHA/MCA interface. [ABSTRACT FROM AUTHOR]

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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 Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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 paper briefly discusses the presence of gender stereotypes in the treatment of adolescent girls deprived of their liberty in Chile. The paper begins by presenting the concept of gender stereotypes and reviewing the main recommendations from the international human rights framework regarding the need to eliminate stereotypes in the justice system in general and in the treatment of adolescent girls deprived of their liberty in particular. It then uses interviews with professionals who work directly with adolescent girls deprived of their liberty to explain, through their words, the main gender stereotypes present in relation to them, which are mainly related to characteristics such as the emotionality, intensity and complexity of adolescent girls. In addition, the analysis of the interviews conducted with the adolescent girls who were in the centres at the time of the visits and who agreed to participate in the study is also included. Finally, a brief reflection is presented on the presence of these stereotypes and how they have their origin in the gender order, the socialisation that the girls receive, and also the violence to which they are exposed, to conclude by reflecting on the State's inability, to date, to provide the conditions and tools for the treatment of adolescent girls deprived of liberty free of gender stereotypes, thus complying with human rights recommendations.

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]

This article explores existing learning gaps concerning optimal ways to support children within and beyond secure care in England and Wales, with a specific focus on Secure Children's Homes (SCHs). Insights from key stakeholders working in SCHs are often omitted from research despite being fundamental to understanding both challenges and best-practice initiatives. The Children's Residential Care Research Network, which is a collaboration between the authors, aims to develop novel research with stakeholders working across the secure children's estate and expand the extant literature to inform the design and build of future Secure Children's Homes (SCH) through a Child-First lens. The research presented here involves a mixed-methods approach gathering rich qualitative data from participants across the sector. Fifty-three participants engaged in participatory methodologies, focus groups, and interviews, which led to a large data set. Thematic analysis identified three key themes to inform the design and build of new SCHs. SCHs should (i) be close to home to enable family involvement and continuity of care, (ii) feel like a home, and (iii) be flexible and adaptive to changing needs. These findings are feeding into the design of two new homes in England as well as the refurbishment of existing provision and can also influence future expansion of the secure estate. The research also contributes to knowledge about how the Child-First tenets can be engaged to improve outcomes for children deprived of their liberty, both in and outside the youth justice system. [ABSTRACT FROM AUTHOR]

This article analyzes the relationship with school of adolescents deprived of liberty at the Padre Cícero Socio-Educational Center, in the city of Juazeiro do Norte - Ceará, from the perspective of Bernard Charlot's Theory of Relationship with Knowledge (2000, 2005, 2009, 2013), seeking to understand how these young people experience the educational process in a context marked by restrictions and vulnerabilities. The article aims to analyze how adolescents relate to school and what meanings they attribute to it. Initially, we will approach SINASE (National Socio-Educational Assistance System, law 12.594 of January 18, 2012), then we will outline a socioeconomic, family, and school profile of the inmates. In the next point, we will analyze the senses/meanings that these adolescents attribute to school. To achieve the proposed objectives, we used documentary research as theoretical-methodological resources with the analysis of national and state legislation on the subject. Within the scope of qualitative research, the application of knowledge balance instruments and semi-structured interviews were used for data collection. The time frame for data collection was carried out in the second half of 2022 and the first half of 2023. The analysis allowed the researchers to conclude that, despite all the situations of vulnerability, adolescents, for the most part, attribute to school the fundamental means for positively changing the context in which they live. However, it was also noted that some people do not see this change through this alone, highlighting the need/usefulness of school learning to obtain work/employment. [ABSTRACT FROM AUTHOR]

Juvenile delinquency is a form of criminal behaviour. It is a phenomenon of deviance, manifested by the inability of some children/adolescents to adapt to the behavioural norms of society. This inability is due to bio-psycho-social causes. In this paper, we have specifically highlighted the problems of juvenile delinquency that exist in all states around the globe. The main cause of the emergence of antisocial attitudes is the influence of the social environment and psychological processes at the level of the individual's consciousness. The specific life circumstances of the individual also play an important role. In this context, the contraventional/criminal act should not be examined as a simple reaction to external factors. Indeed, life circumstances can themselves give rise to an act of volition. But such acts only gain relevance when seen in conjunction with the personality of an individual, as they filter through their interests, mentality, and unique psychological characteristics. The phenomenon of juvenile delinquency has always concerned the world society and significant efforts are continuously being made to prevent and combat it. At present, however, this remains a pressing problem, despite the fact that state bodies, representatives of civil society, as time goes on, are increasingly concerned with the needs and deficiencies faced by children and young people. Although the state permanently maintains the tendency to keep the young generation out of the criminal world, the reality shows that this activity suffers losses due to the fact that even today the crime rate among children is quite high compared to that among adults, practically having no differences large and depending on the categories of illegal acts. The paper is developed in the context of the realization "Strengthening socio-economic and legal mechanisms to ensure the well-being and security of the citizens" (CONSEJ 01.05.02). [ABSTRACT FROM AUTHOR]

The analyses presented in this article are part of a qualitative research based on the dialogue between psychosocial cartography and ethnography in education, that discusses the processes of schooling in detention units of the General Department of Socio-Educational Actions of the state of Rio de Janeiro (DEGASE). Based on interviews conducted with male adolescents in deprivation of liberty in 2021, the article aims to reflect on education and the role of the school in these spaces. The analyses point to a school of lack - of face-to-face classes, of teachers, of school routine and a school of the grate - which reproduces prison and disciplinary mechanisms-. However, the reports of the young people also demonstrate that the school is still a privileged space for learning and perspectives for the future. [ABSTRACT FROM AUTHOR]

Copyright of Revista CES Derecho is the property of Universidad CES 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 identifies community-based alternatives to secure care being utilised in The Netherlands, Canada, Hawaii and Scotland. These countries offer ways to not only reduce or eliminate the need to deprive children and young people of their liberty in secure care but also reduce rates of child removal and alternative care placements. Secure care is the containment of children and young people, often subject to child protection interventions and residing in residential care, in a locked facility when they pose a significant risk of harm to the community and themselves. An admission to secure care exposes children to restrictive practices, such as seclusion, use of force and restraint. Jurisdictions have an ethical imperative, and often legislative obligation, to ensure there are less intrusive community-based supports available, which could be utilised instead of a secure care admission where possible. However, there is little research on what alternatives effectively divert secure care admissions. Hawaii, Canada, The Netherlands and Scotland demonstrate how countries can reduce the number of vulnerable children deprived of their liberty and exposed to restrictive practices by enhancing research linkages, responding to the voice of lived experience, and positioning secure care and alternatives within system-wide reform. [ABSTRACT FROM AUTHOR]

This article identifies community-based alternatives to secure care being utilised in The Netherlands, Canada, Hawaii and Scotland. These countries offer ways to not only reduce or eliminate the need to deprive children and young people of their liberty in secure care but also reduce rates of child removal and alternative care placements. Secure care is the containment of children and young people, often subject to child protection interventions and residing in residential care, in a locked facility when they pose a significant risk of harm to the community and themselves. An admission to secure care exposes children to restrictive practices, such as seclusion, use of force and restraint. Jurisdictions have an ethical imperative, and often legislative obligation, to ensure there are less intrusive community-based supports available, which could be utilised instead of a secure care admission where possible. However, there is little research on what alternatives effectively divert secure care admissions. Hawaii, Canada, The Netherlands and Scotland demonstrate how countries can reduce the number of vulnerable children deprived of their liberty and exposed to restrictive practices by enhancing research linkages, responding to the voice of lived experience, and positioning secure care and alternatives within system-wide reform.

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey 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 Foro Revista de Derecho is the property of Universidad Andina Simon Bolivar, Sede Ecuador 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 goal of the author is to investigate a slightly obscure topic: the practice of interwar military justice in Hungary and its related questions, with an emphasis on matters concerning the peculiarities on how to implement them. The bill - which came into effect in 1930 - was born amidst uncommon historical conditions, since the Trianon Peace Treaty basically degraded Hungary into a quasi-numb entity. It is without a doubt that the decade-long consolidation - and its achievements - that came after can be regarded as one of the most prominently successful periods of the era's political history. The historical pressure, the necessity of being able to defend ourselves along with the importance of national security demanded that our army remained intact, despite the prohibitions that surrounded its existence. This called for ensuring that the legal environment was modernized enough to be capable of supporting this goal. The system of regulations inherited from the Austro-Hungarian monarchy was subjected to scrutiny and as a result ended up as a state-of-the art framework that even surpassed the European standards it aimed to match. This paper, putting emphasis on the most important dogmatic junctions, will further review these regulations - substantive or procedural contents alike -. After a brief diversion towards taking a glimpse into the historical situation, we will introduce the system of sanctions and punishments pertaining to military personnel, and proceed with the regulations related to their implementation, which in turn will offer a glimpse into the contemporary philosophy that surrounded military justice and procedure. In accordance, further regulations containing provisions regarding infrastructure, personnel, accommodation, and institution security in general would emerge. The author of the article provides a summary of the most important current relevant legal provisions. It touches upon the military justice system and its subsystems, introduces the more substantive procedural rules, and concludes with an argument on practical implementation. It will also raise the theoretical question on a future independent regulation which would take place in accordance with the reforms of the Hungarian military and the national strategy on defense. [ABSTRACT FROM AUTHOR]

Compensation for non-economic damages, the debate over its justification, and the adequacy of compensation awarded for harm to non-economic goods have been contentious issues among domestic legal theorists for decades. The provisions of the 1978 Law on Obligations resolved this debate by introducing the right to monetary compensation for non-economic damages in explicitly enumerated cases. The aim of the authors is to use appropriate scientific methods to demonstrate how failures by state authorities, specifically the police and judicial bodies, can cause non-economic damage to individuals through miscarriages of justice and false imprisonment. Freedom is a fundamental human right, guaranteed by the Constitution, laws, and ratified international documents. This raises the question of how, and to what extent, a wrongful conviction or unlawful deprivation of liberty violates this fundamental right, and what legal remedies are available to the victim. The focus of the paper will be on the legislation of the Republic of Serbia, as well as the views and interpretations in legal theory and in practice regarding the victim’s claim for monetary compensation for harm to non-economic goods, such as reputation and honor.

Copyright of Religación: Revista de Ciencias Sociales y Humanidades is the property of Religacion: Revista de Ciencias Sociales y Humanidades 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.)

Persons in need of international protection are in a difficult situation due to their uncertain legal status. From the moment of filing an application for decision on their legal status until it is actually determined, their freedom of movement is commonly restricted. However, the problem arises because a simple restriction of movement may amount to deprivation of liberty. The paper aims to determine when and under what conditions the restrictions on the freedom of movement may amount to deprivation of liberty, whether the difficult position of persons in need of international protection is taken into account, and whether Serbian legislation implements relevant standards established in the practice of the European Court of Human Rights on this matter. On the basis of the provision envisaged in the Serbian Asylum and Temporary Protection Act concerning restriction of freedom of movement of asylum seekers, the analysis suggests that it may cause problems in practice. Although Serbian legislation qualifies the retention of foreigners and asylum seekers in the shelter for foreigners as a measure of restriction of movement, such a situation may be inherent to the deprivation of their liberty due to the enacted provision of the Asylum Act. In this context, the author proposes necessary changes in the Serbian legislation.

This article explores existing learning gaps concerning optimal ways to support children within and beyond secure care in England and Wales, with a specific focus on Secure Children’s Homes (SCHs). Insights from key stakeholders working in SCHs are often omitted from research despite being fundamental to understanding both challenges and best-practice initiatives. The Children’s Residential Care Research Network, which is a collaboration between the authors, aims to develop novel research with stakeholders working across the secure children’s estate and expand the extant literature to inform the design and build of future Secure Children’s Homes (SCH) through a Child-First lens. The research presented here involves a mixed-methods approach gathering rich qualitative data from participants across the sector. Fifty-three participants engaged in participatory methodologies, focus groups, and interviews, which led to a large data set. Thematic analysis identified three key themes to inform the design and build of new SCHs. SCHs should (i) be close to home to enable family involvement and continuity of care, (ii) feel like a home, and (iii) be flexible and adaptive to changing needs. These findings are feeding into the design of two new homes in England as well as the refurbishment of existing provision and can also influence future expansion of the secure estate. The research also contributes to knowledge about how the Child-First tenets can be engaged to improve outcomes for children deprived of their liberty, both in and outside the youth justice system.

Legal coercion is framed by certain norms. It takes an institutionalized form, while its use is legal and under social control. Unlawful coercion, on the other hand, is characterized by illegality (it is not based on the existing legal order). Legal coercion can be reduced to physical (physical coercion) or psychological (mental coercion) influence. The disciplinary custodial penalty is a means of legal coercion and is the most severe. This measure is classically isolationist, depriving the punished person of personal (locomotive) freedom. The behavior for which it is possible to impose the indicated disciplinary penalty boils down to a violation by the guilty person of the solemnity, peace or order of court activities. Its application serves the realization of procedural functions, which, on the grounds of criminal proceedings, should be reduced primarily to the realization of the conditions for a substantively correct (Article 2 1 point 1 of the Code of Criminal Procedure) and time-focused (Article 2 1 point 4 of the Code of Criminal Procedure, Article 45 paragraph 1 of the Constitution of the Republic of Poland) final resolution of the case being tried. Since the disciplinary penalty of Article 49 1 of the Act of 27th July 2001 Law on the common courts system, in its isolation form, is a measure that harms such a fundamental good as personal freedom, its adjudication should be carried out with due moderation and caution. In contrast, the very size of this extraordinarily troublesome disciplinary penalty must consider the nature of the offense (which, as a rule, has a significant burden of social harmfulness), the personal conditions of the punished person and the degree of guilt.

While the world praised Taiwan for its exemplary management of the COVID-19 pandemic, a debate on its compliance with rule of law and human rights was shadowed. This manuscript examines the stringent policy of mandatory quarantine and isolation in Taiwan through the lens of personal liberty and argues that despite its effectiveness for public health, it was disproportionate, arbitrary and likely amounting to the ill-treatment of quarantined persons. Notwithstanding its implications for coronavirus policies elsewhere, the legal ramifications of Taiwan's lesson are also vital for scholarly debate on the limits of the established international human rights framework during the time of the pandemic. [ABSTRACT FROM AUTHOR]

This article analyzes the institute of remission of sentence through reading, particularly the potential of reading practiced in a critical dialogical way, aiming at the autonomy and freedom of people deprived of liberty, bringing the institute closer to the basic ideology of penal abolitionism. Elaborated through bibliographical and documentary research, it aims to demonstrate that reading carried out by people deprived of liberty from the perspective described can contribute to the weakening of criminal subjection and punitive subjectivities, and with this, enable liberation from the vicious circle of political, social, and economic processes that culminate in mass incarceration. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis 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 paper addresses the issue of deprivation of liberty in misdemeanour proceedings in the context of both pre-trial detention standards and penitentiary standards set out in the practice of the European Court of Human Rights and the documents of the European Union. The fundamental human right to liberty can be restricted in misdemeanour proceedings in accordance with the Misdemeanour Act of the Republic of Croatia, following a police arrest or based on a court decision on detention to ensure the defendant's presence. The paper aims to analyse material and procedural conditions for the arrest and detention, and the conditions for the execution of both the detention measure and the prison sentence imposed in misdemeanour proceedings within the Croatian prison system. In addition to the rich jurisprudence of the European Court of Human Rights, which has been developing and strengthening detention standards and the rights of prisoners for decades, the past decade has been marked by intensive activities of the European Union in matters related to persons deprived of their liberty in criminal proceedings. Considering that the issue of deprivation of liberty in misdemeanour proceedings has not been systematically addressed in Croatian literature, the paper will particularly analyse how these standards established in binding and non-binding legal instruments apply to and affect issues related to deprivation of liberty in Croatian misdemeanour proceedings. [ABSTRACT FROM AUTHOR]

Copyright of Pensares em Revista is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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 Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

Introduction: the article considers key data constituting the forensic characteristic of convicts’ intentional infliction of harm to life and health (articles 105, 111, 112 and 115 of the Criminal Code of the Russian Federation) in places of deprivation of liberty and their correlation. Purpose: based on the analysis and generalization of theoretical and practical materials, to formulate the most characteristic set of data that make up the forensic characteristic of these acts, as well as disclose their content. Methods: generalization, comparison, analogy, concretization, abstraction, as well as statistical and content analysis, and comparative legal research methods. Results: the article presents the percentage composition of various forensic data that help develop methodological recommendations for investigation and the practice of disclosure and investigation of crimes. The article shows how illegal actions are carried out without and with the use of means of committing crimes found at the scene of interpersonal conflict of convicts. A combined method presupposes the use of both physical strength of a person and instruments of harming life and health. Considering components of the method of committing crimes, the authors pay attention to correlations that help establish various circumstances of the crime commission. In particular, the authors express an opinion that in places of deprivation of liberty unofficial norms of behavior of convicts act as a general correlation of the commission of crimes against the person, including those that are the subject of this study. It is those cases when convicts relying on specific conditions and the contingent prepare devices to cause harm to life and health in advance, as if just in case, to stand up for themselves and respond to possible insults using such an object. The article clearly identifies the correlation between the crime scene and means and methods of the crime commission, as well as the correlation between the time and the crime scene. Conclusion: based on the available research, the authors’ own ideas on these issues are substantiated.

We analyzed teachers' knowledge in the school-based teaching of history with adolescents and young people in socio-educational detention. We selected the reports of two effective history teachers working in public schools within Socio-Educational Service Centers (CASEs), institutions dedicated to the execution of detention measures in the State of Pernambuco. In dialogue with Tardif (et al, 1991), Monteiro (2010) and Onofre (2019), we mobilize the understandings of "knowledge to teach", "knowledge to teach" and "knowledge to learn", developed by historian Flávia Eloisa Caimi (2015). We consider that this approach allowed us to recognize some specificities of teaching actions in socio-educational school history. Inside the "pavilions" (and despite them) - in improvised classrooms, crossed by prison practices and meanings - school history is constituted in the interaction and exchange between teachers and students. Historical knowledge followed paths in the deprivation of liberty, re-elaborating knowledge, ways of teaching and learning. [ABSTRACT FROM AUTHOR]

In the glossed decision, the Court of Appeals addressed the issue of compensation for unquestionably wrongful arrest. The Court of Appeals, while awarding the amount of PLN 15,000 on this ground, stated that it is adequate to the duration of deprivation of liberty, the physical suffering and negative psychological experiences suffered by the claimant, while also corresponding to the current socio-economic realities in Poland, without causing undue enrichment. The approving gloss to this ruling refers more extensively to the required standards regarding arrest and the procedural guarantees to which a detained person is entitled. Separate considerations concern the criteria for measuring compensation for unquestionably wrongful arrest. [ABSTRACT FROM AUTHOR]

The deprivation of liberty of adolescents interferes on possibilities of contact and communication towards the environment outside the institution, as it represents the deprivation of freedom of adolescents who are complying with it. This article, from a perspective of socio-historical psychology, is intended to bring out reflections upon meanings attributed to the meetings enabled by inmate visitations they receive from their families in the unit. Ten participants were part of this study, five of them adolescents and five family members. From a qualitative perspective, with the usage of Multiple Case Report and data collection through semi-structured interviews and documentary research, it was understood that inmate visitations are extremely significant meetings for both adolescents and their families. Results showed contradictory feelings full of an affection strength during the visitations. Therefore, it is emphasized that such moments enable possibilities of resignification of relational experiences, which is a great potential for professional actions in socio-educational institutions, given the importance attributed by the participants of this research. [ABSTRACT FROM AUTHOR]

Families can be a risk or protective factor, depending on the stages and crises they are going through. In the face of the crisis of deprivation of liberty, it plays a fundamental role for their social reintegration. The objective of this work is to describe the perception of the family bond and functionality presented by women in middle adulthood, who are serving their sentences in the Deprivation of Liberty Center, CPL-Azuay No 1., period 2023. The study had a quantitative approach, type of non-experimental design and descriptive scope; We worked with a population of 65 women. A sociodemographic record, a questionnaire to identify family ties and the FF-SIL were used to determine the perception of family functioning. As results, it was obtained that functional families predominate; most are married, serving sentences for carrying controlled substances and murder; They report not having coexistence and family support is only economic. [ABSTRACT FROM AUTHOR]

This academic article aims to address restorative justice, from the application of the regulations of the Ecuadorian State in cases of violence in the couple. In recent years, the study of restorative justice has focused on identifying needs and opportunities for improvement. In the investigation called "Masculinities and Gender Violence: Condemning sentences carried out for violations of violence in the couple, in the Violence Unit against Women and Members of the Family Nucleus of the Cuenca Canton" results were obtained by collecting information in the Unit Violence Court. For this reason, an analysis is carried out on the sentencing indicators, specifically on the sanctions for violations of violence in the couple, such as custodial sentences and community work. These have been studied from the restorative justice approach, analyzing the comprehensive reparation and mediation as main postulates. [ABSTRACT FROM AUTHOR]

This study aimed to explore and analyze the narratives about the past, present, and future of people with a family member deprived of liberty. Five women from Buenos Aires were interviewed regarding the matter, and the Thematic Analysis Method (Mieles Barrera et al., 2012) was used to categorize, analyze, describe, and interpret the speech. Those with an incarcerated family member have perceived various changes regarding their relationship with the inmate, the relationship with the justice/police, perception of family support, stigma/discrimination, dynamic family, and expectations/feelings. The departure of a family member on the grounds of incarceration requires a readjustment and rearrangement by their relatives. Analyzing the changes perceived by the family when having a member deprived of liberty provides a greater understanding of the subjective meaning of imprisonment for family members. Furthermore, it improves the visibility of an important theme in current society. [ABSTRACT FROM AUTHOR]

The subject of the article is the peculiarities of the execution of imprisonment in relation to the elderly (over 50 years old) as an independent legal institution of penitentiary law in Russia and abroad.The purpose of the article is to identify the patterns and problems of the execution of punishment in the form of imprisonment in relation to elderly people (over 50 years old) in Russia and abroad, taking into account the growth trend of this category of prisoners and propose a legal solution to the problem.Main tasks: (1) to determine using statistical indicators the change in the number of elderly prisoners and identify the main trend in quantitative indicators; (2) identify problems that arise in elderly prisoners due to the lack of legislative regulation of the organization of an accessible environment in correctional institutions; (3) conduct a comparative analysis of the organization of medical care in relation to the elderly when serving a sentence of imprisonment in Russia and abroad; (4) determine ways to improve Russian legislation in the field of punishment in the form of imprisonment in relation to elderly prisoners.Research methodology. When studying the tendency of aging convicts to imprisonment in Russia and abroad, an analysis of statistical data was used. The work is a comparative legal study as a result of the study of domestic and foreign experience in the execution of sentences in the form of imprisonment, as well as the penal policy of Russia and foreign countries in relation to elderly prisoners; specific sociological technique was used when conducting a survey of persons over 55 years old serving a sentence of imprisonment in Russia; the formal-legal method made it possible to formulate a number of proposals on the need to reform penitentiary institutions, taking into account the age characteristics of this category of convicts.Main results and scope of their application. Firstly, the possibility of allocating a separate chapter to the PEC of the Russian Federation on the peculiarities of the execution of punishment in the form of imprisonment of elderly convicts is justified. Secondly, the definition of the concept of "accessible environment", as well as the peculiarities of medical care for elderly convicts, taking into account the relevant experience of foreign countries. Thirdly, there is a need to form legal institutions for the socialization and resocialization of elderly people (over 55 years old) during the period of serving criminal sentences in the form of imprisonment, taking into account age characteristics and foreign experience.Conclusion. Age characteristics and health conditions have a direct impact on the correctional impact of those sentenced to imprisonment. Russian and foreign experience clearly show that at present there is no unified political and legal approach in relation to elderly prisoners, despite the general growth trend of this category of persons. In Russia and abroad, there is a need to build correctional institutions of a new type, which will take into account, among other things, the age characteristics of the convicts. In this case, it is necessary to start with the development of individual legal institutions.

The research subject is represented by the correlation between provisions for criminal and criminal procedure law in Russian Federation which turns out to be the basis in resolution of the inclusion of certain terms of criminal procedure measures administration into the criminal punishment duration which is enforced toward a defendant during criminal proceedings.The research objective is expected to be a confirmation or a contestation for hypothesis about the existing diversity of calculation methods for criminal punishment duration. Research methodology encompasses both dialectical and formal cognition methods. It is based on a complex and comprehensive analysis and interpretation of statutory acts, legal reasonings of the Constitutional Court and the Supreme Court of Russian Federation as well as on judicial rulings regarding criminal cases and on doctrinal approaches to the current research subject.Main determinations and application field. The research rationale is represented by the following conclusions. Criminal law does not contain the regulation of the inclusion of certain terms of criminal procedure measures administration into the criminal punishment duration which is enforced toward a defendant during criminal proceedings, namely – the restrictions enforced upon the suspect (defendant) with regards to sub-para. 1 para. 6 of the article 105.1 of the Criminal Procedure Code of Russian Federation. Hence, such issue constitutes an evident legal gap in the existing calculation methods for criminal punishment duration. Given the comprehensive analysis conducted with respect to pre-trial restrictions such as house imprisonment and restraining order, as well as examination of final judicial rulings which concern the inclusion of certain terms of criminal procedure measures administration into the criminal punishment duration which is enforced toward a defendant during criminal proceedings, it can be concluded that the existing case law appears to be generally established. At the same time the judiciary apply rather diversified calculation methods for criminal punishment duration, while due to the absence of distinct and precise legislation judicial provisions being therefore bearable and discordant lead to their controversial interpretation. Moreover, in the author’s opinion, the existing practice for the inclusion of certain terms of pre-trial restrictions administration into the criminal punishment duration does not correlate with such principles of law as principles of justice and equality of citizens in the face of law. Pursuant to the conducted legal research it is suggested to introduce adequate changes and amendments to the effectual criminal law and criminal procedure law accordingly.

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This paper is the fourth part and the final one of a more extensive commentary on Article 5 of the European Convention on Human Rights, which is entirely published in four issues of this law journal. The first part of this study, published in the December 2022 issue, assessed the general features of the right to liberty and security and commented Article 5 § 1 (a) and (b). The second part, published in the January 2023 issue, analysed four other situations in which a person can be deprived of his or her liberty, as stipulated by Article 5 § 1 (c), (d), (e) and (f). The third part, published in the March 2023 issue, commented the rights enshrined in Article 5 §§ 2 and 3. The current work continues that analysis, focusing on the rights guaranteed in §§ 4 and 5 of this important Article of the Convention. [ABSTRACT FROM AUTHOR]

This paper is the last part of a more extensive commentary on Article 5 of the European Convention on Human Rights, which has been entirely published in three issues of this law journal. The first part of this study, published in the December 2022 issue, assessed the general features of the right to liberty and security and commented Article 5 § 1 (a) and (b). The second part, published in the January 2023 issue, analysed four other situations in which a person can be deprived of his or her liberty, as stipulated by Article 5 § 1 (c), (d), (e) and (f). The current work continues that analysis, focusing on the rights enshrined in the paragraphs of this important Article of the Convention, namely §§ 2 and 3. [ABSTRACT FROM AUTHOR]

This article explores the main trends observed in the evolution of the populations registered in the Portuguese prison system between 2000 and 2017. Based on an analysis that spans the changes in the field of Criminal Law, official statistical data, and national and international studies and reports on the application of the prison sentence in the country, we aim at understanding and identifying some of the challenges posed to the prison system by the movement of the prison population, as well as by the changes registered in the profile of this population. The evolution and trends identified make it possible to inquire about the impact of the law and to help identify some of the paths that remain to be traced in response to the international legal imperatives in matters of the incarcerated population.

Discussions related to the deprivation of liberty deserve attention, since the humanities and language sciences occupy a prominent place by emphasizing the place of the subject at the center of society. The purpose of this text is to understand how education in prisons in Acre contributes to a desirable citizenship perspective. As a theoretical foundation, we use Foucault (1979, 1987), Zilberman and Lajolo (2011) with the concept of reading, and Petit (2010) and Goffman (2004) with discussions about education and reading in crisis spaces, in addition to other authors who deal with these themes. As it is a bibliographical study, we are based on news published on Acrean virtual sites, exclusively, Agazeta.net, to investigate how reading is understood in a context of deprivation of liberty. The results indicate that education and reading can contribute to the formation of the subject in the future search for a desirable citizenship. [ABSTRACT FROM AUTHOR]

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Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy 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.)

This article explores narratives of professional social workers tasked with undertaking the formal para-legal role of Best Interests Assessor under the Deprivation of Liberty Safeguards (DoLS) scheme. Wholesale reform of this practice has been debated in recent years and legislative changes have passed through Parliament—the Liberty Protection Safeguards (LPS). The process and debate preceding this change were, however, marked by a relative marginalisation of accounts and critical opinions of Best Interests Assessors (BIAs) themselves. Semi-structured interviews were conducted with a sample group of BIAs from a variety of social work teams within a single Local Authority. These accounts are explored using a thematic analysis underpinned by Ritzer's McDonaldization theory and Sayer's work on Contributive Justice. The work considers the professional identities of the BIAs within and beyond their employing organisation in association with social justice and human rights. Barriers and supports to practice are considered in relation to the organisational, technological and legal contexts of assessment work under the DoLS. The study holds relevance for social workers and organisations in contemplating the transition to LPS and workforce conversions to the Approved Mental Capacity Professional. [ABSTRACT FROM AUTHOR]

Copyright of Bucharest University Annals - Law Series is the property of CH Beck Publishing House 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 paper is the second part of a more extensive commentary on Article 5 of the European Convention on Human Rights, which will be entirely published in three consecutive issues of this law journal. The first part of this study, published in the December 2022 issue, assessed the general features of the right to liberty and security and commented Article 5 § 1 a) and b). The present work continues that analysis. It evaluates four other situations in which a person can be deprived of his or her liberty, as stipulated by Article 5 § 1 c), d), e) and f). The remaining paragraphs of this important Article of the Convention, namely §§ 2, 3, 4 and 5, will be commented in a third paper which will be published in the next issue of this journal. [ABSTRACT FROM AUTHOR]

This paper is the first part of a more extensive commentary on Article 5 of the European Convention on Human Rights, which will be entirely published in three consecutive issues of this law journal. The present work assesses the general features of the right to liberty and security as they emerge from the relevant case-law of the European Court on Human Rights. On this occasion, it underlines the purpose of this right, namely the protection of the individual from arbitrariness, and it analyses the general conditions for deprivation of liberty. It also goes on to evaluate the first two such situations of authorised deprivation of liberty enshrined in Article 5 § 1 a) and b) of the Convention. [ABSTRACT FROM AUTHOR]