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The successful implementation of the activities under the recently launched initiative Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) depends on the expanded knowledge of the prison systems in the participating countries. Therefore, a separate set of activities is dedicated to the collection, analysis and systematization of the available information and tailoring it to the specificities of the other initiative activities. To facilitate this process a Methodology for data collection and analysis was developed, which includes the following components: (1) list of issues to be covered; (2) recommended sources to be consulted and relevant international standards; (3) methodological guidelines on how to collect, analyze and present information; (4) glossary of terms; and (5) language and style requirements. The developed methodology will be used for analyzing the information collected for several EU Member States. The analysis will aim to answer specific questions related to the prison system: structure and legal framework of the penitentiary system, prison capacity, number and structure of the prison population, etc. The results of the analysis will be summarized in country background papers.
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Perpetrators of extreme crime often suffer from brain diseases which do not exclude legal sanity – schizophrenia and alcoholic disease. Traditional judicial practice regards them as mitigating circumstances which prevent the imposition of the gravest penalty prescribed. However, after the introduction of life imprisonment (1996) and life imprisonment without commutation (1998) judicial approaches deviate from that concept thus establishing conflicting solutions. The article argues that traditional concepts should be restored. The article is based on a case-law study and an in-depth analysis of a selection of cases.
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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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Perpetrators of extreme crime usually suffer from mental health damages which do not qualify as legal insanity. The most common among them is the mental/personality disorder. Judicial approaches towards it differ from concept that it is a sufficient condition to deny the imposition of the gravest penalty to a belief that it is a sufficient ground for imposing it as it is directly related to the perpetrator’s dangerousness. The article argues that personality disorder is a mitigating circumstance which prevents courts from choosing the gravest penalty. The article is based on a case-law study and analyses in depth a selection of cases.
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The report explores the meaning of the term „conditional sentencing “. The established understanding of the term is to mean suspended execution of imposed punishment. Major part of the survey focuses on the conflict between the implied meaning that the term linguistically brings up of purely conditional and even missing element of a punishment itself and the true legal nature of this important Criminal law institute. The paper further discusses some of the legal consequences for the so called „conditionally convicted persons“ that give ground to assert that what we have is a clearly penal treatment. The report draws attention to the conclusion that the state makes use of the suspended sentence as a tool to enforce its corrective and preventive criminal law policy.
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On 22 March, Nadiya Savchenko, a Ukrainian servicewoman was sentenced to 22 years in prison by a court in the Russian city of Donetsk, after being convicted of directing artillery fire to kill two journalists in eastern Ukraine during the hostilities in June 2014, during the course of the “War in Donbass”. The defendant of the case had earlier been captured by separatist forces and taken over to Russian territory by force. Not surprisingly, the Ukrainian government has stated that they would never accept the verdict as legitimate, expressing strong criticism towards the procedure and Russia in general. Other countries have also expressed their disdain, though employing much less harsh wordings. For example the Czech Ministry of Foreign Affairs has also issued a statement on the situation, demanding the release of Nadiya Savchenko, but it has appealed to humanitarian reasons, and has only carefully mentioned Russia’s „international commitments”, mainly referring to the 2015 Minsk agreement, which had been concluded by the leaders of Ukraine, Russia, France and Germany, assisted by the OSCE to work out and uphold a ceasefire.
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This publication is the output of the Helsinki Committee for Human Rights in Serbia’s activity over the first year of the project “Prevention of Torture: Support to the Rehabilitation of Victims of Torture” that is being implemented thanks to the assistance of the European Commission – European Initiative for Democracy and Human Rights. Apart from the Serbian Helsinki Committee, this three-year project involves Bulgarian, Hungarian, Macedonian, Polish and Russian Helsinki committees, as well as the International Helsinki Federation. At regional level, the project aims at preventing torture, inhuman or degrading treatment or punishment in detention facilities (police stations, prisons, psychiatric institutions, etc.), encouraging nongovernmental organizations to visit these institutions and exerting pressure on national governments to enable such monitoring by non-governmental organizations. [...]
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This publication is the output of the Helsinki Committee for Human Rights in Serbia’s activity over the second year of the implementation of the project "Prevention of Torture: Support to the Rehabilitation of Victims of Torture" that is realized thanks to the assistance of the European Commission – European Initiative for Democracy and Human Rights. Apart from the Helsinki Committee for Human Rights in Serbia, this three-year project includes Bulgarian, Hungarian, Macedonian, Polish and Russian Helsinki committees, as well as the International Helsinki Federation. At regional level, the project aims at preventing torture, inhuman or degrading treatment or punishment in detention facilities (police stations, prisons, psychiatric institutions, etc.), encouraging non-governmental organizations to regularly visit these institutions and exerting pressure on national governments to make it possible for the non-governmental sector to conduct such monitoring. [...]
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This publication is the output of the Helsinki Committee for Human Rights in Serbia’s activity over the third year of the implementation of the project “Prevention of Torture: Support to the Rehabilitation of Victims of Torture” realized with the assistance of the European Commission – European Initiative for Democracy and Human Rights. Apart from the Helsinki Committee for Human Rights in Serbia, this three-year project includes Bulgarian, Hungarian, Macedonian, Polish and Russian Helsinki committees, as well as the International Helsinki Federation. At regional level, the project aims at preventing torture, inhuman or degrading treatment or punishment in detention facilities (police stations, prisons, psychiatric institutions, etc.), encouraging non-governmental organizations to monitor overall conditions in these institutions and at exerting pressure on national governments to make it possible for the nongovernmental sector to conduct these fact-finding missions. [...]
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Within the scope of Law No. 6284, it is possible to take a protective cautionary decision with regard to the persons who are protected and a preventive cautionary decision with regard to the perpetrator of violence. The followings are the persons protected within the scope of this Law; the women, the children, the family members and the victims of stalking who have been subject to the violence or at the risk of violence. The followings are the authorities that can take a cautionary decision; the judge of family court, the administrative chiefs and law enforcement officers. The judge of family court can take both protective and preventive cautionary decisions, the administrative chiefs can only take a protective cautionary decision. In cases where delay is considered to be risky, the law enforcement officers can take some of the the protective cautionary decisions identified within this Law which can be taken by the administrative chiefs and some of the preventive cautionary decisions which can be taken the judge. The cautionary decision can be taken for the victims and perpetrators of violence within the scope of this Law upon request or ex officio. The cautionary decision can be taken for a six month period at most initially. No evidence or report providing violence is required in order to take a cautionary decision. The fact that the cautionary decision haven’t been pronounced or notified to those concerned does not constitute an impediment to implement the decision. With regard to the perpetrator of violence who acts contrary to the requirements of the preventive cautionary decision, the preventive imprisonment is ruled by a judicial decision even if the act constitutes crime. In each recurring action contrary to the requirements of the cautionary decision, the period of the preventive imprisonment is increased. But the total duration of the preventive imprisonment shall not exceed six months. The judge has no discretion with respect to decide on the preventive imprisonment in the event of violation of the cautionary decision. In order to decide on the preventive imprisonment, the cautionary decision must be pronounced or notified to the perpetrator of violence including the legal warning stating that in case of acting contrary to it the preventive imprisonment in respect to him will be issued. The cautionary decisions and decisions regarding to the preventive imprisonment may be appealed to the family court by the relevant persons. The decisions on appeal are final. In this paper, it is aimed to examine and evaluate the issues of making and implementing the cautionary decisions, acting contrary to the cautionary decisions, appealing against the cautionary decisions and the decisions regarding to the preventive imprisonment by making use of relevant legislation, scientific studies and judicial decisions, besides addressing and offering solutions to the problems encountered.
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Compliance with Article 3 of the European Convention on Human Rights, ie the prohibition of torture and inhuman or degrading treatment, entails, inter alia, the provision of appropriate conditions of detention. In order to be considered as suitable conditions for the accommodation of persons deprived of their liberty, it is necessary to ensure, in an optimal way, an accommodation capacity according to the number of detainees in the respective detention rooms, as well as decent material conditions. As regards the Romanian penitentiary system, it has undergone numerous legislative changes recently, in line with the imperative to comply with European and international standards in the field and has resulted in an improvement in the treatment of persons deprived of their liberty and conditions of detention, as well as the increase of the institutional capacity, so that it can be seen that at present the cases in which Romania is condemned to Cedo are more and more rare.
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In Poland, the function of social rehabilitation for convicts with intellectual disabilities is implemented by both: the penitentiary and probation system. In prisons there are therapeutic departments adapted to the needs of prisoners’ disabilities. In community supervision, methodology of working with offenders with intellectual disabilities is not regulated by any procedures. This paper presents results of a research focused on the probation service supervision of offenders with mild intellectual disabilities. Difficulties in implementing social rehabilitation tasks, methodology of probation officers’ work, as well as legislative proposals that may improve the probation system in Poland for offenders with mild intellectual disabilities are indicated. The study is based on qualitative methods using the focus panel method. The research group are probation officers for adults from the District Court for Bydgoszcz. The data is analyzed using legal provisions regulating probation service, as well as selected theories and concepts of special education and social rehabilitations of convicts.
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Entrepreneurship can be a solution to the dilemma: “Labour is a form of education, a way of ensuring existence, gaining autonomy, a physical and mental training, a way of oppression, a form of occupational therapy, all together or …none of the variants listed?” Depending on the reference field and the perspectives offered by different specializations, work is defined as a physical or intellectual action, which develop material and emotional satisfactions. Especially in closed environments, it is practiced as a form of occupational therapy (ergotherapy), because it ensures a sense of usefulness, helping to maintain somato-psycho-emotional health. The schoolmasters highlight the formative values of work for students: evaluate the native skills and abilities, lead to the discovery of new unknown interests and talents, support the student in his perfection by inoculating the ideas of responsibility, order, discipline, etc. Before 1989, in detention environment labour was mandatory, but now, labour is an optional right. The two perspectives are diametrically opposed, and the issue was addressed only from the perspective of reduced job supply, both during detention and after release. There are few publications with strict reference to this topic. In general, the social reintegration of post-execution prisoners is addressed. At this moment, the main problem highlighted is integration/reintegration on the labour market, as the main facilitating step of maintaining the accumulations during the detention period and a primary factor for avoiding the recurrence.However, those who have served a custodial sentence do not have a "ticket" to the labour market. To be known and solved, the situation should be addressed continuously: prevention before detention, education/re-education/training / retraining during detention and placement on the labor market / retraining immediately after release.
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The paper discusses life imprisonment as one of the most debatable and controversial types of criminal sanctions. Criminal sanctions are criminal law instruments of response to crime. Whether this type of criminal sanction justifiably has its place in the system of criminal sanctions, whether the arguments for or against it prevail, whether they exist and what the mechanisms for reviewing the same may be, are the questions that the author of this paper deals with.
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This paper is a continuation of a similar paper presented at the same scientific event last year, but with new and updated information. As a result of the health crisis, specialized authorities have been taken measures concerning the execution of sentences and educational measures depriving of liberty, respectively at the level of the Romanian penitentiary system. The information was obtained by accessing the websites of some penitentiary units, but also by conducting online interviews with various representatives appointed by several units within our penitentiary system. Additionally, I have also integrated answers received from the National Administration of Penitentiaries, following an official address sent in this regard.
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The aging of prison population is a planetary phenomenon that should be observed in the context of the accelerated aging of the total population at the turn of the 2nd and 3rd millennium. Also, the increase in number of elderly prisoners resulted partly from the changes on the legislative level, as well as in the area of criminal prosecution and sentencing. Namely, with the aim of more successful control of crime, in 1980s and 1990s in the USA (and later in other parts of the world) an approach was promoted that involves the adoption of stricter laws, the prescription of high special minimum prison sentences for numerous crimes, the impositions of long sentences and restrictive enforcement, early release, introducing the practice of sentencing returnees convicted of a third serious crime to life imprisonment without the possibility of parole (three-strikes and you're out), etc. Given that prison sentences, if they are imposed en masse and last unreasonably long, result in the aging of the prison population (silver tsunami) and a series of unfavorable social, ethical, health and economic consequences, the awareness of the necessity of articulating a new paradigm of combating criminality has gradually matured, This qualitatively different approach includes more frequent application of alternative sanctions, reduction of incarceration, revision of harsh practice of imposing long sentences and easier approval of parole and compassionate release of older prisoners (back-door strategy) who do not pose a high security risk. Along with the development of policies and strategies to reduce the incarceration of the elderly, it is necessary to design and implement action programs aligned with their specific needs, as well as the highest international standards. This will make the prospects for re-socialization and social reintegration of the members of this vulnerable group much more realistic, and at the same time relieve the prison systems which, due to the numerous problems they have faced during the last decades, are on the verge of collapse.
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Legal texts are documents that aim to ensure that the society lives in peace. In addition to the social issues in these documents, it is also known that there are a large number of regulations on economic issues. Especially in the texts of laws in Mesopotamia, where the first written laws were encountered throughout history, articles of economic life were found. From this point of view, the laws determined were examined. As a result of the examinations, Assyrian laws have been the subject of this study. It is aimed to reveal the economic articles in the articles of this law and the findings related to the history of accounting from these economic articles, to bring these findings to the literature within the scope of accounting history studies and to contribute to the approach of the lawbooks with an accounting field view. In line with the subject and scope of the study, firstly, a brief will be given about the Middle Assyrian Laws. Dr. Mebrure TOSUN and Assoc. The articles taken from Kadriye YALVAÇ's work "Sumerian, Babylonian, Assyrian Laws and the Ammi-Shaduga Edict" are given directly, and the findings that directly or indirectly lead to accounting in the content of these articles will be pointed out.
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