PROJECT SUBMISSION FOR CRIMINOLOGY AND PENOLOGY ON: USE OF PROBATION AND PAROLE FOR TREATING OFFENDER: A CRITIQUE (original) (raw)
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Today, it is rightly considered that issues related to the selection and use of tools and methods with which the resocialization (treatment) is realized, has increasingly become the main issue of penology. The issues that occur as most actual and typical will be examin edhere in shortlines. Usually, when it comes to general principles the notion treatment, deals with all criminal sanctions, but it requires the application of tools and methods specific to every sanction separately, depending on its specific nature. Given the more frequent application of imprisonment, as the most used measure to fight criminality, today, without reason, the utmost attention is fixed on the treatment applied during the conduction of this sentence. Therefore, not coincidentally also this term (treatment) is exactly identified with this sentence. Regarding this definition the need for clear subject-substantial definition of the notion treatment in general and its elaboration and processs ingrelated with specific ways of implementation and execution of certain penal sanctions is also emphasized. In this regard, fully entitled are those authors who claim that the treatment for thesentencesofinstitutional characterandthoseofnon-institutionalcharactercan not (and should not) be the same. Here it comes to qualitative substantial differences that require the application of clear means and methods, defined and differentiated in the realization of resocialization.
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Since 1995 when was approved the new criminal Code, is subjected to 19 additions and changes that in their majority have approved new criminal offences, or have aggravated punishments for the existing offences. Although these amendings have touched many institutes of the criminal law, the transformations of provisions having to do with the Sentencing policy, either in the general part or in the specific part have been weighty bringing a radical transformation of it . On the other hand, the aggravation of the sentencing policy accompanied by the increase and the improvement of the work of the law enforcement agencies, has brought a giant increase of the number of persons to whom is restricted freedom (predetained and detained person) and consequently an over population of penitentiary institutions. To respond to these abnormal situations, the Assembly has reacted by the approval of frequent and wide amnesties, by which have profited a great number of perpetrators of different criminal offences. The frequency of these amnesties and the wideness of their profiteers, have served as the main stimulant for the making of this article. On the other hand, through the analysis of the conditions and circumstances of their approval and the consequences they have brought in the criminal justice, we intend to come into scientific conclusions on the compatibility of the amnesties approved in our country with the principles of the rule of law, of legality, of equality and of humanity. Also, in the viewpoint of the criminal policy applied in our country in the two last decades, an integral part of this writing, will place the analysis of reasonability and of fairness of the usage of such depenalizing mechanisms “for solving the problem of prison overcrowding”.
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The scientific article is devoted to the study of parole from serving a sentence as the most important incentive institution of criminal and penal law. The study of this type of exemption from punishment revealed a number of moments not sufficiently regulated by the legislator, affecting the grounds for both the application and non-application of parole. As a basis for exemption from criminal punishment, not any assessment of the degree of correction of the convicted person was recorded, but only one that contributes to acceptable correction and positive resocialization of the offender without actually serving the unserved part of the criminal sentence. It is important that the legislator determines the inadmissibility of unjustified release of convicts from serving their sentences. The problematic issues of applying this institution are: the grounds for parole, which are not sufficiently clarified; situations concerning the objectivity of decision-making on granting or refusal to grant parole; the absence of a legislative specific specialized state body endowed with powers to control the behavior of those released on parole, capable of effectively implementing them. The article proposes solutions to these problems, providing a qualitative increase in the effectiveness of the application of the considered incentive institution.
Today, it is rightly considered that issues related to the selection and use of tools and methods with which the resocialization (treatment) is realized, has increasingly become the main issue of penology. The issuesthatoccur as most actual andtypicalwill be examinedhere inshortlines. Usually, when it comes to general principles the notion treatment, deals with all criminal sanctions, but it requires the application of tools and methods specific to every sanction separately, depending on its specific nature. Given the more frequent application of imprisonment, as the most used measure to fight criminality, today, without reason, the utmost attention is fixed on the treatment applied during the conduction of this sentence. Therefore, not coincidentally also this term (treatment) is exactly identified with this sentence. Regarding this definition the need for clear subject - substantial definition of the notion treatmentin general and its elaboration and processing related with specific way sofimplementationandexecution of certain penal sanctions is also emphasized. In this regard, fully entitled are those authors who claim that the treatment for thesentencesofinstitutional characterandthoseofnon-institutionalcharactercan not (and should not) be the same. Here it comes to qualitative substantial differences that require the applic
Juridical Review Of The Granting Of Remissions To Prisoners Of Criminal Acts Of Corruption
Journal of Law Science, 2021
Corruption has occurred systematically and widely, causing state financial losses, as well as violating the social and economic rights of the community at large. The most common punishment imposed on perpetrators of corruption is imprisonment. Law Number 12 of 1999 concerning Corrections states that one of the rights of prisoners is to obtain a reduction in their criminal period or remission, not least for prisoners who are perpetrators of corruption. The government has issued Government Regulation Number 28 of 2006 concerning the Terms and Procedures for the Implementation of the Rights of Correctional Inmates. Convicts of criminal acts of corruption can be given remission if they meet the requirements of good behavior and have served 1/3 (one third) of their criminal period. The study was conducted to find out the things that became the basis for granting remissions to prisoners, including convicts who were perpetrators of criminal acts of corruption and to find out how the legal ...