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Vulnerable Groups of Prisoners: A Handbook
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Vulnerable Groups of Prisoners: A Handbook

Author(s): Alejandro Forero Cuéllar,María Celeste Tortosa,Klaus Dreckmann,Dimitar Markov,Maria Doichinova / Language(s): English

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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Prison Conditions Monitoring Index: Methodology and Pilot Results
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Prison Conditions Monitoring Index: Methodology and Pilot Results

Author(s): Dimitar Markov,Maria Doichinova / Language(s): English

International organisations, national governments and human rights NGOs exercise various types of monitoring of the penitentiary systems. In order to quantify their results, there are some generally accepted indicators (such as the number of inmates per 100.000 citizens), but in many specific areas like healthcare, employment, security and safety, such indicators have never been applied. Therefore, those monitoring efforts will substantially benefit from an instrument capable of supplying comparable and easy-to-use data on the situation in prisons. To address this need, the Center for the Study of Democracy, in cooperation with the Dortmund University of Applied Sciences and Arts, the Observatory on the Penal System and Human Rights with the University of Barcelona, the Law Institute of Lithuania and Association Droit au Droit, developed a Prison Conditions Monitoring Index (PCMI) – a system of indicators translating into comparable figures the situation in different prisons. In the end of 2014, the PCMI was piloted in several prisons in Bulgaria, Germany and Lithuania to test its operability and analyse the potential use of the results it generates. The present report elaborates on the methodology underlying the PCMI and offers a summary of the results of its pilot implementation. It is intended for a broad audience of readers including policy makers, prison staff, lawyers, social workers, academics and NGOs interested in the topic of prison monitoring.

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Krivičnopravna zaštita životne sredine

Krivičnopravna zaštita životne sredine

Author(s): Branko Vučković,Vesna Vučković / Language(s): Serbian Publication Year: 0

The right to healthy environment is the basic human right guaranteed by the Constitution of Montenegro, which is by some formal criteria on high scale of constitution practice of states in the process of transition, and beside this it doesn’t represent the same level of goals and it doesn’t reach functional ensurence of realization of these laws, according to the basic law documents of European union.According to the European union documents, environmental protection is determined by the degree of “high level of protection”, which is not clearly regulated in the Constitution of Montenegro, including the fact that Montenegro is declared as “ecological state”. The level of law guarantee to healthy environment depends on legal nature of law that order this issue, but not only on legislative framework, but also on the consciousness of an individual,states and organizations that enforce these laws. Therefore it is necessary that sanctioning of an individual and of a state, in the case of environmental degradation should be prescribed clearly, respectively its protection has to be ensured, quality improved and promote measures constantly which a state has to apply in the case of its pollution incidents, also the responsibility of state that is considered responsible according European union regulations,no matter how its regulations are. Ecological politics of European Union follows ecological consciousness and as a result the protection and improvement of natural environment increasingly comes first in making European Union legal regulations.Montenegro as an applicant for membership in European union undertakes measures in order to coordinate its regulations to regulations of European Union which say that “high level of environmental protection” is one of the crucial legal principles.

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Полицијски систем БиХ - од Дејтона до данас

Полицијски систем БиХ - од Дејтона до данас

Author(s): Stevo Ivetić,Aleksandar Miladinović / Language(s): Serbian Publication Year: 0

The starting point of this work are the provisions of the Dayton Peace Agreement relating to the establishment of a secure environment in BiH, after which the cross section of the post-war security system in BiH. After that, given the constitutional framework of security and policing system in BiH, from 1995 until today, with all the changes in this domain, including domestic and international initiatives for change (reform). The aforementioned monitors display the relevant parties and actors who take part in what will be called ‘police reform in BiH, with the introduction of the most important elements of the given proposal. It is inevitable that in this segment of the show and the role of the international community and the OHR. At the end, the review of the current legislative and institutional framework of the police system in BiH, as well as suggestions to improve current methods of cooperation of police subjects in BiH.

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Европски стандарди  и казнени систем Републике Србије

Европски стандарди и казнени систем Републике Србије

Author(s): Dragan Jovašević,Marina M. Simović / Language(s): Serbian Publication Year: 0

When it comes to social reaction measures towards perpetrators of criminal acts all contemporary states recognize several different types and measures of criminal penalties in their systems. In that way it is possible to accomplish individualization of criminal penalties by type and measure for every perpetrator of a specific criminal act, in accordance with its psychological characteristics, but also level of social threat caused by the degree and intensity of that consequence. Still, in the system of criminal sanctions different types of sanctions that deprive or limit the perpetrators of criminal acts of their constitutional rights, and rights and freedoms recognized by law are the most applied ones. However, that system of sanctions must be at all levels synchronized with relevant European standards.

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Права лица осуђених на казну затвора  у кривичном законодавству Републике Србије

Права лица осуђених на казну затвора у кривичном законодавству Републике Србије

Author(s): Zdravko Grujić,Ivan D. Milić / Language(s): Serbian Publication Year: 0

The authors of this paper critically analyze the norms which regulate the rights of persons sentenced to imprisonment in the criminal executive legislation of the Republic of Serbia which, after the adoption of the new Law on Execution of Criminal Sanctions, in pertinent part changed compared to solutions that are preceded to the applicable law. Volume of guaranteed rights and special rights (benefits) of prisoners, was, on the basis of previous regulations, in correlation with the type of institution in which the prison sentence is executed. The new law, to a large extent, derogated this principle. The paper presents a comparative analysis of the applicable provisions of the previous law on enforcement of criminal sanctions regulating the right of visits and reception of parcels, but also the provisions of the execution of imprisonment for the criminal acts of organized crime that apply in relation to specific categories of prisoners and which are, basically, considerably reduced in relation to the legal rights of „ordinary“ prisoners. In the concluding remarks of the paper authors present the views of the possibilities of realization and protection of the basic rights of the prisoners, as well as on the directions of further development of the criminal executive legislation in this area.

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Police Mission in Bosnia and Herzegovina

Police Mission in Bosnia and Herzegovina

Author(s): Ana E. Juncos / Language(s): English Publication Year: 0

In the last few years, the European Union has used Bosnia and Herzegovina (BiH) as a ‘laboratory’ to test its crisis management capabilities. In 2003, the EU launched its first ever Police Mission (EUPM) in BiH. Taking overfrom the UN’s International Police Task Force in Bosnia, the EUPM aimed at supporting the reform of the Bosnian police forces in order to establish sustainable police arrangements according to best European and international standards. Yet two main kinds of obstacles have prevented the EUPM from accomplishing its mandate. First are the external factors stemming from the unsettled political situation in BiH. Second are the internal factors such as the inexperience of the EU in the field of civilian crisis management, the fragmentation of the EU’s presenceon the ground, the complexity of the EU’s policy-making structures and the lack of resources. This contribution examines in detail the coherence and effectiveness ofthe EUPM during the first three years of its mandate.

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Kazna maloljetničkog zatvora

Kazna maloljetničkog zatvora

Author(s): Ivanka Marković / Language(s): Serbian Publication Year: 0

Juvenile imprisonment is a specific type of prison sentence, which differs in many ways from the other penalties of loss of liberty known in our legislation (incarceration and long-term imprisonment). This is understandable if one bears in mind the fact that it is a sentence which is passed on juvenile offenders whose bio-psychological and social development of personality is not yet completed and who, therefore, can be adversely affected by such institutional treatment. For this reason, the possibility of imposing this penalty is provided only as an exception, if the conditions stipulated by the law have been met. Law on Protection and Treatment of Children and Juveniles in the Criminal Procedure introduced certain innovations in the regulation of juvenile imprisonment and, thereby, caused certain weaknesses that challenge the legitimacy and legality of the new legal solutions.The author of the paper points out all the specificities of juvenile imprisonment, and at the same time critically analyses relevant statutory pro-visions.

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Извршење казне затвора у Републици Србији - скромни домети и нужност суштинских реформи

Извршење казне затвора у Републици Србији - скромни домети и нужност суштинских реформи

Author(s): Vladimir V. Veković / Language(s): Serbian Publication Year: 0

Execution of sentence in criminal law is a practical way of achieving the overall purpose of prescribing and imposing criminal sanctions and verifying appropriateness of judicial elections, and types of sanctions and measures in each case. The results achieved at the level of executing criminal sanctions significantly affect the overall value of the criminal policy of combating and preventing crime, which is why the penitentiary system attracts more attention in the world and in our country. When it comes to imprisonment - an irreplaceable link in the chain of social reaction to crime in Serbia, it should be noted that its enforcement is burdened with many problems, some of them quite old, others more recent, but what they have in common is that their destructive effects are intensified in the times of economic crisis.Positive regulation in this area is in line with the highest standards established by the international instruments adopted under the auspices of the United Nations and the Council of Europe, but it is much more difficult to apply the solutions in penalty practice. Over the last several years, in cooperation with the OSCE Mission to Serbia, Council of Europe - Office in Belgrade, the European Agency for Reconstruction and the Canadian International Development Agency, there have been significant improvements in the normative, personnel, organizational, material and technical fields, but the achieved results are still not satisfactory. Starting from the strategy adopted by the Government of the Republic of Serbia passed in 2010 the system of criminal sanctions should continuously promote coordinated, well-designed and content-rich activities. Thus, it will be shaped by consistent enforcement system, which means that the execution of criminal sanctions, and therefore the prison sentence, without exceptions applies methods, means and measures set forth by the applicable regulations that are compatible with the relevant international standards in this area. By creating a general climate of respect for human rights, including having more humane attitude towards the inmates and improving their status, the society will contribute to more efficient realization of the purpose of executing the sentence of imprisonment which, despite the introduction of a range of alternative sanction remains unavoidable tool in the fight against crime. Social context in which implementation of reforms is to be intensified is not favorable; nonetheless, the reforms remain necessary prerequisite for successful prevention and combat against crime.

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Pritvor u svjetlu Ustava i Zakonika o krivičnom postupku Crne Gore

Pritvor u svjetlu Ustava i Zakonika o krivičnom postupku Crne Gore

Author(s): Branko Vučković,Vesna Vučković / Language(s): Serbian Publication Year: 0

Detention is a measure of depriving an individual of fundamental human right – right to freedom. It is protected by instruments for protection of human rights, primarily by Constitution and by courts, and its protection is particularly important in the case law of European Court of Human Rights. Except for material and procedural conditions related to placement in detention, its duration and release from it, case law has important role in application of some clauses. Procedural presumptions related to adjective law, reasoning of decisions for detention and duration of detention are of particular importance.This work will point out to contentious issues that are present in case law concerning substantive regulations and their interpretation with regard to Montenegrin Constitution, Code of Criminal Procedure of Montenegro and European Convention on Fundamental Rights and Human Freedom, conditions under which detention can be determined, the purpose of its fixing and duration. In any case, regardless of some solutions in the Code of Criminal Procedure of Montenegro, we consider that sentence “Teoria sine praxis, sicut rota sine axi”, has to be respected - we have to wait for the solutions in case law in order to prove if the existing solutions in our legislation are correct and whether they fulfill the purpose of criminal procedure.

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Кажњавање малолетника у савременом кривичном праву

Кажњавање малолетника у савременом кривичном праву

Author(s): Dragan Jovašević / Language(s): Serbian Publication Year: 0

All material (corporeal), processing and executive provisions related to criminal law in Republic of Serbia about juveniles are in the new Law about juvenile committers and criminal law protection of juveniles from 2006. January 1st (LAJCCA), conjoint in one place. That is how the juvenile criminal law has been created. It is characterized by: 1) principally, inquest of the juvenile injurers guilt is excluded, 2) among criminal sanctions towards juvenile injurers the priority belongs to the educable provisions compared to the punishment that presents the exception expressed in juvenile jail implementation. By the way of exception, with the juvenile jail can be punished only the older juvenile if he committed a crime for which the proposed punishment is over five years; if he is sufficiently mentally mature so that he can understand importance of that crime and he can control his acts; and when the consequences of the committed crime are that severe, and the extent of guilt that high that the application of educative provisions wouldn’t be justified, 3) in the criminal proceeding towards juveniles, prosecution and juridical apparatus have wide authority in terms of starting, processing and terminating the proceeding. Those authorities consist of discrete rights to withdraw prosecution regardless of what the committed crime is, if it is considered that it would be useful in terms of education and reeducation of the juvenile delinquent. The principle of utility has the priority over the principle of objectiveness. The court mandates consist of not only a wide scale of optional means and provisions, but of possibility to replace already delivered verdict with some other more convenient provision, if it is required by the specific situation and 4) in juridical system of the Republic of Serbia there are special jurisdictional bodies for struggle against juvenile criminality: special departments for juvenile delinquency in internal affairs agencies, a prosecuting attorney for juveniles and special juvenile council i.e. the juvenile court that supervises the whole criminal proceeding against any juvenile delinquent. The new juvenile criminal law anticipates two basic types of the juvenile criminal sanctions. These are:1) the educational measures and 2) the juvenile prison. They are legally anticipated measures of the social reaction towards the juvenile committers of the crime activities that are sentenced the legally determined organs in aim to protect the society from the criminality trough the education, reeducation and proper development of the juvenile. In this paper the author has analysed application of juvenile prison against juvenile perpetrator of crimes in new juvenile criminal law of Republic of Serbia and comparative law from theoretical, practical and comparative law aspects.

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Discernment Issues in Context of Juvenile Delinquency

Discernment Issues in Context of Juvenile Delinquency

Author(s): Nicoleta-Elena Heghes,Cristina-Gabriela Schiopu / Language(s): English Publication Year: 0

The latest statistics have shown a rise of juvenile delinquency over the the past 10-20 years. Not only the number of offences have risen but also the character of the offences have become more complex. Law enforcement has faced this phenomenon unprepared and it’s systems of penalty, reeducation and social reinsertion of these youngsters have failed in many cases as the approach on this matter has failed to solve psycho-social and familial problems that reside under the behavioral deviation of youngsters. The truth is that dealing with a child in law system has a more complex and difficult elements the need to be considered, unlike adult delinquency. From under 10 years old to 18 or 21 years there is an abrupt and oscillating evolution of the child’s psychology, personality and cerebral physiology with complex influences by near environment, social and familial factors, intellectual and emotional stimulation. Juvenile delinquency needs to be a multidisciplinary evaluation of the youngster and a complex psychological and psychiatric evaluation of the child’s discernment and personality in order to insure a healthy social adaptation and integration of the future adult.

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Zločin, smisao kazne i pomirenje

Zločin, smisao kazne i pomirenje

Author(s): Josip Kregar / Language(s): Croatian Publication Year: 0

Neki je dan u moju sobu došao jedan student. Osamnaest, devetnaest godina. Mlad, brada mu raste neravnomjerno, nosi jeftinu majicu i stare cipele. Nije se ni rodio kada je bio rat. Naivno i jednostavno me upitao: ‘’Zašto smo uvjereni da kazne popravljaju ljude?’’ Rekao je da je protiv osvete i smrtne kazne - ne zvučeći pritom osobito uvjerljivo - i upitao: ‘’Zar je zatvor jedini izbor i prava kazna jer koliko se osuđenih uistinu kaje zbog onoga što su učinili?’’ Sa zgražanjem je spomenuo one koji dok odslužuju kaznu brišu prašinu s knjiga ili gule krumpire, čekajući protek vremena. Osuđeni su, ali je društvena sramota izostala. Štoviše, neki od njih i dalje su respektirani članovi zajednice, a ne bi se moglo reći ni da im je materijalni status osobito poljuljan. Smisao je kazne, govorim mu malo svisoka, da bude generalna prevencija; kazna je poruka svima da će stroga pravna norma (ius cogens) biti primijenjena na svakog tko krši zakon. Taj strah od kazne trebao bi spriječiti ljude da krše zakon jer će, ako ga prekrše, trpjeti bol i štetu oduzimanjem slobode ili nekog dobra. Upravo kroz bol i štetu koju trpi izdržavajući kaznu koja mu je presuđena, prekršitelj ima mogućnost shvatiti da je učinio nešto loše te da se treba popraviti, vratiti u društvo i poštovati njegove norme.

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Казна доживотног затвора као кривичноправни инструмент реакције на криминалитет(оправданост или не?)

Казна доживотног затвора као кривичноправни инструмент реакције на криминалитет(оправданост или не?)

Author(s): Ljubana Sladić / Language(s): Serbian Publication Year: 0

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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Zločini iz mržnje i maloljetnici: ključni problemi regulacije i procesuiranja

Zločini iz mržnje i maloljetnici: ključni problemi regulacije i procesuiranja

Author(s): Jasna Pećanac / Language(s): Bosnian Publication Year: 0

Svjedoci smo da se u Bosni i Hercegovini pridaje sve veći značaj borbi protiv krivičnih djela počinjenih iz mržnje. Ta djela se posebno jako odražavaju na naše društvo zbog još uvijek prisutnih tragova rata i velike važnosti koja se u društvenom i političkom životu daje etničkoj, vjerskoj ili nacionalnoj pripadnosti. Iako je pažnja međunarodne zajednice u prethodnom periodu najvećim dijelom bila posvećena krivičnim djelima ratnog zločina, organizovanog kriminala, korupcije, pranja novca i drugog, u posljednjih nekoliko godina Misija OSCE u Bosni i Hercegovini, u saradnji sa organizacijama civilnog društva, preuzima vodeću ulogu u nastojanjima da se i u BiH osigura primjena međunarodnih standarda i obaveza koje se odnose na krivična djela počinjena iz mržnje. U takvim aktivnostima se, sasvim opravdano, mada nedovoljno, uzimaju u obzir i posebne kategorije počinilaca ovih krivičnih djela, kakvi su maloljetnici. Tako Kratki pregled incidenata motivisanih predrasudama u 2009. godini u Bosni i Hercegovini ukazuje, između ostalog, i na krivična djela koja su iz mržnje počinili maloljetnici i mlađi punoljetnici. Navodi se pet takvih slučajeva na području Federacije BiH (u daljem tekstu: FBiH). No, ako se ima u vidu generalni trend nedovoljnog i neadekvatnog procesuiranja ovakvih krivičnih djela u BiH općenito, nameće se zaključak da je njihov broj vjerovatno znatno veći. Općenito, maloljetnička delinkvencija podrazumijeva zabranjena ponaš

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Узроци, последице и изазови старења затворске популације

Узроци, последице и изазови старења затворске популације

Author(s): Vladimir V. Veković,Violeta V. Ćulafić / Language(s): Serbian Publication Year: 0

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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VISOKORIZIČNI ZATVORENICI IZ UGLA SIGURNOSTI
4.50 €

VISOKORIZIČNI ZATVORENICI IZ UGLA SIGURNOSTI

Author(s): Mujo Trebović / Language(s): Bosnian Publication Year: 0

In criminological and penological theory and practice, prisoners who represent a threat or a real source of danger for other prisoners, employees and themselves are considered high-risk. Under danger is understood both the endangering of physical integrity and existence as well as the assumption of escape, destruction of inventory, attacks on visitors and convicts who for any reason pose a risk to the community after serving their sentence. Very often in treatment programs, work with high-risk convicts is based solely on the security aspect, on guarding and preventing escape, self-harm and attacks on another person. It is precisely for this reason and the aim of this paper is to point out the complexity of working with this category of prisoners, as well as the operational procedures that are important during serving a prison sentence.

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Scelestam inierit factionem… (C 9, 8, 5) aneb k účasti na protistátně zaměřené zločinecké skupině

Scelestam inierit factionem… (C 9, 8, 5) aneb k účasti na protistátně zaměřené zločinecké skupině

Author(s): Radek Černoch / Language(s): Czech Publication Year: 0

Participation in an organized group which aims to attack a state representative is traditionally one of the most severely punished crimes. The aim of this paper is to analyze the body of crime and the punishments imposed according to C 9.8.5. The punishments will be examined both concerning their efficiency and compliance with modern approaches, such as individual and general prevention and repression, and non-discrimination.

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Aktuálna slovenská právna úprava trestných činov proti republike

Aktuálna slovenská právna úprava trestných činov proti republike

Author(s): Peter Polák / Language(s): Slovak Publication Year: 0

The contribution deals with current legal regulation of criminal acts against the republic. In terms of general characteristics of these criminal acts their purpose and significance is explained. In terms of a more concrete characteristics of criminal acts against the republic the focus is directed to a definition of basic concepts of facts of crime and other concepts. In the text there are mentioned also theoretical and applicational issues related to legal regulation of these criminal acts.

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Дигитализација затворског система - корак ка будућности

Дигитализација затворског система - корак ка будућности

Author(s): Jasmina Igrački / Language(s): Serbian Publication Year: 0

The development of humanity is accelerating by geometric progression. Technology will advance within the Internet of Things, artificial intelligence will do many of the jobs that people currently do; and our bodies will be so "high-tech" that we will not be able to distinguish what is natural in us from what is artificial. The fourth industrial revolution has arrived. Digitalization will impact all segments of society, with the judiciary being one of the most significant. In this paper, we present some of the potential perspectives on the digitalization of the prison system. It is likely that the current appearance of the prison is just one stage in the development of penitentiary institutions. With the digitalization of prisons, we are entering the prison of the future, which should also be managed more efficiently. New technologies will enable better monitoring of each prisoner, both inside the prison system and outside the prison system. New technologies will enable better monitoring of each prisoner, both inside and outside the prison system.Modern technology will play a key role in solving important problems that are present in the modern prison system, such as overcrowding, high rates of recidivism, inefficient resocialization, high operational costs, a strong informal system, etc. We expect the digitalization of the prison system to provide innovative approaches to address these issues, including preventing criminals from entering traditional prisons and providing alternative solutions for a more effective crime fight.

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