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The article, based on an analysis of scientific papers devoted to research on human sentenced to imprisonment in Ukraine on personal safety, pay attention to the problem points and a reasoned opinion on the need for more active development scientists the subject, given the current state of the penal Ukraine.
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The article is devoted to the analysis of state and problems of scientific research in the sphere of resocialization of sentenced to imprisonment, especially of female minors. The author made conclusions as to the clarification of essence, content, stages and specificity of resocialization of female minors sentenced to imprisonment; solution to the problem as to defining the conceptual apparatus; rationale of gender approach in the resocialization of female minors.
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The criminological literature underscores that criminal offences committed by senior citizens are directly related to their age and entering a new stage of life. In elder offenders, we may observe a distinctive pattern in the development of their criminal activities, the structure of crime, gender-specific criminal offences, their previous criminal records and their social status. The former criminological studies on the elderly population have most frequently focused on examining the senior citizens’ fear of crime and their victimization within the family; the studies on criminal offences committed by the elderly seem to be rather scarce. The prior research into the criminal activity of elder offenders has largely addressed the needs and difficulties encountered by elderly inmates, particularly in case they were sentenced to long-term imprisonment and subject to strict parole rules. Some researchers have also extended criticism on the lack of special correctional facilities specifically designed for elder inmates. In general, crime rate drops with aging. In developed countries, there is a constant increase of elder population as opposed to the marked decrease of younger population. Yet, the percentage of convicted offenders among the persons over the age of 55 is still significantly lesser as compared to the percentage of younger convicts. Namely, different issues pertaining to “elder people behind bars” have eventually become the subject matter of interest of criminologists and penologists, public administration authorities and international organizations advocating the observance of human rights. The incarcerated men and women face many physical and psychological problems which are generally encountered by all people at large but usually at a later age, when they are at least 10 years older than the inmates. Violence, anxiety and distress caused by the immediate prison environment, separation from their friends and families, and the awareness that they are most likely to spend the rest or most of their lives in prison may altogether accelerate the aging process in elderly inmates.
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The brochure was published for the workshop Reforming Judiciary in Bulgaria: Towards the Introduction of Modern Registration System held in September 2002. It contains the full text of the report on the opportunities for developing Central Register of Legal Entities and Electronic Registries Center in Bulgaria, developed by the CSD Task Force, presentation of the experience of Norway and other European countries as well as information on the operation of the European Business Register.
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General competencies are a dynamic combination of knowledge, understanding, skills, abilities, attitudes and values that are necessary for personal achievement and development. They are typical of every person regardless of their scope of work. They develop during the period of formal education and represent the basis for further learning and development as an integral part of lifelong learning. Counselors in penal institutions have already formed attitudes and opinions on general competencies. Counselors consider systemic competencies (ability to adapt to new situations, learning ability, ability for practical application of knowledge, ability for persistence when achieving highest quality of work and creativity) to have a slight advantage over interpersonal, instrumental and general specific competencies and to represent a fine basis for further learning and development. Owing to the complexity of competencies and the complex process of identification, testing and comparison of competencies as to the fact that counselors value systemic ones more, which are known to be more complex, it is advisable to check these results on a larger sample and to open a qualitative discussion on counselors’ competencies in penal institutions within the context of lifelong learning.
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This paper analyzes the psychological characteristics of the display of anxiety by teenagers serving punishment in penal institutions. Reveals the influence of variety’s deprivation, which is a negative factor that imposes a significant imprint on the functioning of adolescent colonists psycho-emotional sphere and their entire vital activities. The results of the factor analysis are given, they include a comparison of the results of children enrolled in the school of penitentiary institutions and their peers from the full family enrolled in regular school. The basic line of re-socialization of adolescent colonists is proposed.
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The German sociologist R. Darrendorf believed that conflict is the creative beginning of social life and the source of freedom in society. Contradictions and conflicts are a progressive factor, they move society forward, they cannot be eradicated, but their course can be streamlined. The scientist, investigating conflicts, proposed a method for their regulation, dividing them into stages. One of these stages is the agreement by all parties to the conflict with the "rules of the game", which means the constitution, statutes, agreements, etc. All "rules of the game" relate to the ways in which contradictions are planned to be resolved, and from the point of view of industrial sociology, these include: negotiation, mediation, arbitration and compulsory arbitration. If initially the Russian legislator envisaged the use of mediation only in civil, arbitration and family disputes, today it is becoming increasingly obvious that the institution of mediation can be applied much more widely. It seems that mediation will be a sufficiently effective means to resolve conflicts arising in places of detention. A closed environment in which hundreds of people with different levels of education, life history, experience and tolerance are found - as a catalyst for any contradictions and conflicts that arise. In such a society, one word is enough to entail a fight, a riot, to commit a new crime and recidivism. Currently, various researchers and employees of the penitentiary system are trying to introduce mediation into the work of correctional institutions. In order for such work to become legal and systemic, it is necessary to develop a theoretical and legal concept of penitentiary mediation. A variant of this concept is presented by the authors in this paper. The concept of penitentiary mediation and its classification depending on the subjects of the conflict are proposed. The goals, objectives and principles of penitentiary mediation are determined. The immediate goals are conflict resolution and minimization of the level of conflict in a correctional institution. The long-term goals are the prevention of offenses and crimes in a correctional institution and the prevention of criminality of convicts after serving their sentences. The principles of penitentiary mediation include legality, confidentiality, neutrality, voluntariness of the procedure, safety, competence of the mediator, focus on achieving the goals of punishment. The functions of penitentiary mediation, its objects and subjects are revealed. The functions include the following: analytical, conciliation, educational, preventive and methodological. The object of penitentiary mediation is the social relations that arise in conflict situations between the subjects involved in the process of execution and serving the sentence of imprisonment. Subjects of penitentiary mediation - convicted to imprisonment involved in the conflict, a professional mediator (neutral), psychologists of the institution, employees of the administration of the institution, personnel ensuring the safety of the procedure. Conclusions are presented on the importance and necessity of penitentiary mediation and the conceptual understanding of it in order to improve the state’s criminal-executive policy and to increase the effectiveness of the fight against crime.
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Терезин је стара тврђава коју је Марија Терезија саградила на брдунавезене земље... Овај стари војни затвор имао је три оцјељења: друго и треће дјелио је друм, док је прво било одвојено од другог зидом. У првом одјељењу су били затворени истакнути Чеси, у другом Грабеж, Чабриновић и Ђукић, а у трећем Принцип, Стјепановић и ја... Први дани су били страшни. Ништа нисам радио, књига нисам имао, пазили су на сваки наш покрет, нисам могао ни ријечи проговорити ни с ким... Негве тешке, ланац кратак, приликом сваког покрета карике се окретале и рањавале ми ноге. Због тога сам обично сједио... Међутим, из дана у дан стање је било rope. Храна све лошија, оброци све мањи. Преобуку коју смо прије добијали сваких осам дана, сада су нам дијелили сваког мјесеца. Престали смо добијати и сапун, па се нисмо могли ни умивати... На дан шездесетогодишњице владе Фрање Јосипа, управник затвора ми је саопштио да ће мене и Стјепановића ослободити негви, док ће их Принципу задржати, јер - како рече - Принцип не заслужује никакве милости...
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It is more correct to name transferees prisoners or inmates rather than sentenced persons as by the time of surrender they have already commenced serving their imprisonment punishment. It is the act of foreign judgment recognition in the execution country that relinquishes the jurisdiction of the sentencing country’s authorities over the execution of the punishment. As long as the act of recognition has not become final it is their duty to enforce the criminal judgment as no ground for suspension of the punishment execution exists so far.
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Under the Bulgarian Criminal law the court may impose probation as punishment or impose a probation measure during the testing period in the case of suspended sentence and early release. Once imposed they become part of the probation regime during test period and any failure to observe them triggers consequences unfavorable for the sentenced person. The adhesion of our country to the European Union in 2007 and the free movement of persons and services faced criminal justice science with new challenges. In 2012 Bulgaria transposed Council Framework Decision 2008/947/JHA dealing with the transfer of probation measures and the application of the principle of mutual recognition of probation decisions and alternative sanctions. The basic principles and aims of the Decision are implemented in the national legislation through the Act on the recognition, execution and forwarding of judgments and probation decisions for the purposes of supervision of the probation measures and alternative sanctions.
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На основу евиденције релевантних надлежних органа и служби (полиције и правосуђа) у овом раду приказани су егзактни подаци и статистички резултати малољетничког криминалитета у временском раздобљу од 2000. до 2020. године оба пола, односно пуних 20 година тј. петина вијека. За разлику од уобичајених истраживања, ово истраживање није рађено на узорку већ на популацији коју чине (пријављени, оптужени и осуђени) малољетници оба пола. На основу доступне релевантне евиденције, извршена је статистичка обрада, потом и анализа, гдје су посебно апострофиране три категодије малољетника-малољетница. Како то по правилу слиједи, прву категорију тј. групу чине малољетници-малољетнице који су због кривичног дјела пријављени надлежним органима и службама.
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As one of the most serious criminal offences, murder imposes the need for introducing special penitentiary programs which are primarily aimed at re-socializing the perpetrators of these criminal offences. For this reason, the author provides examples of good practice in the process of re-socialization of convicted murderers. The re-socialization program is embodied in cognitive therapy and other special programs aimed at preventing prospective violent behavior and recidivism.
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The article studies the peculiarities of internal regime in Russian prisons in terms of its corrective effect on prisoners. The author analyzes various factors influencing the successful solution of the legislative problem of transformation of prison to a correctional institution. The views of well-known Russian jurists of the late 19th and early 20th century on this subject are considered in this paper. The differences in the position of criminal and political prisoners are also mentioned. The author comes to a conclusion that failures in the correction of prisoners in the penitentiary institutions were caused by a whole complex of reasons.
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The most dangerous forms and aspects of violent crime are criminal offences against life and bodily integrity of others, which are generally designated as acts of homicide. The most prominent among these criminal offences is the crime of murder. Due to the significance, legal nature, characteristics and consequences of this criminal act, all contemporary legislations prescribe the most severe measures and types of punishment for the commission of this crime. There are three types of murder: 1) ordinary (common) murder, 2) murder committed under mitigating circumstances, and 3) murder committed under aggravating circumstances, which is as a rule punishable by the most severe punishment. All contemporary criminal legislations, including French legislation, recognize various types and forms of murder, depending on the classification criteria. The most prominent forms of murder are those involving various motives that induce the perpetrators to cause death to another person. In this paper, the author examines the concept, contents, characteristics, forms and elements of the crime of murder in French criminal law, discussing the theoretical and practical aspects of this issue.
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The report makes an overview of the general problems and specifics in the detection, investigation and punishment of cross-border crime, i.e. actions, connected with illegal crossing of or illegal transfer of goods across the border. The publication also presents views about the necessary measures – legislative, organizational and technical – for enhancing justice and law enforcement in the districts close to the Bulgarian-Turkish, Bulgarian-Macedonian and the Southern Black Sea borders.
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Juvenile delinquency has been a faithful companion of every society since its earliest steps. It occurs in almost all social systems and there are rare environments in which it does not represent one of the leading and burning problems. Juvenile delinquency has reached enormous proportions, both in its structure and in its social responsibility, so we often wonder whether its trend of constant growth will reach the level of juvenile delinquency. The criminal-legal reaction to this type of crime includes specific measures, because it is still a specific category of society. Diversionary or alternative measures represent a relatively new form of response to juvenile delinquency. The aim of these measures is to avoid the negative consequences of conducting criminal proceedings, on the one hand, but also to relieve the courts and the general legal system on the other. Namely, the measures generally make it possible to avoid the side effects of stigmatization and disruption of everyday activities and habits of minors. The aim of this paper is to show the role and importance of alternative measures to juvenile offenders. Namely, this will try to explain in as much detail as possible the role of alternative measures to resocialization and behavior of juvenile offenders, and generally their impact on reducing the rate of juvenile delinquency.
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Publication looks over the situation of drug users in two European countries – Norway, known for its social and welfare-oriented state, and Bulgaria, which since the beginning of the transition from totalitarism to democracy lacks sustainable policies on prisons and drugs. The aim of this work is to comparatively present the penal policy towards drug users and the measures taken for convicted people addicted to narcotic substances, to identify those features which can be transferable and can assist Bulgarian authorities to improve the situation of drug users in and outside the prison. Finally, this research will try to propose concrete measures to be taken both within the penitentiary system and as crime prevention efforts among drug users.
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Compulsory psychiatric treatment and confinement in a medical institution is one of the security measures that may be ordered for the offender in the criminal procedure and it is also the only criminal sanction of indefinite length. After the sentence is pronounced the execution of the measure follows. The execution of criminal sanctions is regulated by the Law on Execution of Criminal Sanctions, which remains vague in regard to this measure. The authors of this work attempt to find an answer to the seemingly simple but in fact very complicated question: where is this measure to be executed?
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In prison, certain groups of inmates are subject to disadvantages due to specifics of their origin, gender, sexual orientation, age, etc. These groups usually need special treatment, which is not always provided, which leads to unequal treatment and violation of their rights. This handbook examines the situation of such vulnerable groups within the prison systems of Belgium, Bulgaria, Germany, Lithuania and Spain. Starting from the classification of the UN Handbook on Prisoners with special needs and looking at the different national contexts, the authors identify different groups as vulnerable in different countries. In order to encompass as many groups as possible, their list was extended to include some particularly marginalised groups, such as sex offenders, prisoners with disabilities, etc. Each group is viewed in context, explaining the situations of vulnerability both generally and in the selected countries. From one side, the handbook presents the efforts for compensation of vulnerabilities in every country available in the legislation or provided by prison authorities or other actors. From the other side, it identifies the gaps in the measures and practices, which vary both from country to country and from group to group.
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Changes in penal policy which is a part of the neoliberal paradigm have political significance and social consequences within and outside prison communities. The prison population is growing despite the fall and stagnation of the crime rate in developed countries which creates a paradox mirrored in the politics of the neoliberal regulation. It is connected to the “new penology” which unlike the “old” penology sees the prison community as a statistical collective which entails a particular risk for the realization of the set governing goals. Since there is a shift from “hard” to “soft” power within prison communities, this paper discusses the disciplinary effects of this process. It showcases the effects of various projects which have introduced philosophy into prison environments as a way to encourage individual identity growth and inspire the return of practices of rehabilitation as a psychological, moral and social recovery of an individual.
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