Penitencinės sistemos teisinės raidos perspektyvos Lietuvoje.
One of the legal institutions of the punishment realization, i.e. the probation release, is investigated in the article from the legal comparative point of view. The article covers the legal relations, appearing as the result of application of the probation (setting and realization) towards the imprisoned convicts. The norms of the international and national juridical acts on the punishment realization, which regulate the probation, and the juridical doctrine of the punishment realization, brought forward by Lithuania and foreign countries, is analyzed in the present article. The misunderstandings within the practices of imposition and execution of probation result in continuous discussions on the factual influence of the said institution to the development of social behaviour of the convicted person. The process of execution of probationary release must be directed towards the management of the risk of repeated criminal behaviour of the convicted person and neutralizing of criminal factors, however the existing structure of legal regulation does not provide a possibility to reach the said objectives. This shows one of the main deficiencies of criminal justice of Lithuania - a frequent and sustained application of imprisonment. It should be noted that no progressive innovations were implemented in the area of probationary release, therefore the directions of optimization of application and execution of probationary release and evaluate the grounds for application of probation, the most important provisions, pertaining to the activities of society when executing the probation, as well as the basis for preparation of the social conclusion, evaluation of the risk of a repeated criminal behaviour and the basis for individual working with the convicted person, the procedure for monitoring of convicts, the legal status of convicts and the rules for its tightening or softening are examined in this article. The article emphasizes the necessity of resolution of the most important questions, pertaining to ensuring effective treatment with offenders; therefore incorporation of the electronic surveillance is discussed. Thus the perspective probation system concept is analyzed in the article. While explicating this goal, it should be noted that the article is aimed at creation of the theoretical grounds for the probation and electronic surveillance and at ascertaining how to model an efficient system of setting and realization of the probation and electronic monitoring, which is oriented towards management of the risk of the persons’ repeated delinquent behavior, which creates the conditions for securing security of the society, for reducing recurrence of delinquent deeds and of the number of imprisoned convicts.
- Straipsniai / Articles