Aspects problematiques de l‘execution de peine privative de liberte en Lituanie

Abstract

The article analyses the problematical aspects of custodial sentence in Lithuania. The author has chosen in his opinion, the most topical and arguable legal status issues of those convicted with imprisonment, that is, convicts’ meetings with relatives or other persons, short-term visits at home, conditional release from correctional institutions. The first part of the article provides a discussion of the conditions of the convicted with custody in imprisonment institutions, since they make direct impact on the implementation of the right of the convicted. The author analyses regulation and implementation problems of the convicted with imprisonment meetings, short-term visits home and conditional release from correctional institutions, conformity of those institutes regulation in Lithuania with international standards for the convicts, makes suggestions about the improvement of the regulation. When analyzing the meeting procedures of those convicted with imprisonment with relatives or other persons, the author states that the number of meetings, provided in the Republic of Lithuania Penal Code Articles 73-74, is small, so the procedure of meetings should be reviewed. It must be emphasized that short-term visits home, provided in the Republic of Lithuania Penal Code article 104, are a positive and necessary thing, with the view of proper convict re-socialization, however, the implementation of this right in practice is stuck. United Nations Organization and Council of Europe Committee of Ministers in their recommendations emphasize re-socialisation of the convicts with imprisonment as one of the most important aims of imprisonment. Successful re-socialization and proper integration of the convicts into society reduce the repetition of criminal offences. In the last part of the article the author analyzes the conditional release from correctional institutions. It should be noted that control of the prohibition to visit certain places for the people conditionally released from correctional institutions, causes problems in practice. Another aspect, due to which Lithuania is distinguished from other European Union countries, is the fact that for those, sentenced to life imprisonment, conditional release is not applied in Lithuania. It is possible to claim that this is not human, the punishment becomes absolute, there is no motivation system for the sentenced to life imprisonment; convicts re-socialization and integration into society does not exist.