Suchergebnisse

The problem under study. The problem of efficiency of alternative to imprisonment (non-custodial) sanctions is investigated in the present study. The fundamental advantage of this kind of punishment is the possibility to control offenders' behavior in the community. This idea is based on the personal ability to change, which depends on an offender's will and efforts to change himself and to start solving the problems, which have caused the offending behavior (motivation to change). Therefore, imposed alternative sanctions should affect the changes in offenders' behavior. The individual conditions (obligation and/or restrictions) of the sanction, imposed by a court, should direct an offender's efforts to change. The problem of efficiency of alternative sanctions is discovered, while studying, how the conditions of imposition and execution of these sanctions could affect the criminogenic factors and, therefore, could reduce recidives of crime. Analyzing these aspects we can observe the problem of individualization of punishment, or finding the appropriate sanction, and the problem of coherent application of the sanction. A court, imposing non-custodial sanction, should not only state a term of its application, but also should decide, if the imposed obligations (their amount and character) are sufficient to supervise the offender in the community. The imposition of non-custodial sanctions to a great extend determs the process of execution of it. Particularly, if the conditions of imposed sanction do not determine the offender to change and to solve the problems, related with offending behavior, then the control of their execution cannot affect the recidive of offending. The practical efficiency of these sanctions is determed by selection of the appropriate sanction; by sufficiency and practical useness of requirements, applied to offender in the process of execution; and by evaluation of the execution. The relevance of the study. The Commettee of Ministers of The Council of Europe, solving the problem of overcrowdedness of prisons, recommended to the member-states to deliver the plan to solve this problem, which would be based on the priorities of punishment, the public opinion, and the analysis of present practice of punishment. The program of the Government of the Republic of Lithuania of years 2000 – 2004 contains the intention to modify partially the system of punishment; to state the adequate punishment to the violations of law, to reduce the repressive effect of sanctions, to seek the social integration of the persons, having served the sentence. In this program there was presumed "the principle of economy of punishment" – the least sanction, which would be enough to affect the offender and stimulate him to change; confirmed the intention to apply community service, material sanctions and other non-custodial sanctions rather than penal measures. The legislative directions, contained in these documents, allowed to extend the application of alternative sanctions in the Penal Code, which came into effect on 1 May 2003. These measures were supposed to reduce the number of imprisoned and to become an efficient alternative to custodial sanctions. One of the conditions of efficiency of alternative sanctions is a systematic analysis and evaluation, if its application helps to reach the planned results. After more than five years since new Penal Code came into effect, we have some expirience of application of alternative sanctions, which would need a revision. Observing the functioning of the system of these sanction we can note, that the sanctions are being imposed and executed chaotically. This primary overview determs the relevance of theoretical and practical study of alternative sanctions. The law acts of the Republic of Lithuania forms the need to create an efficient model of probation. The program of the Government of the Respublic of Lithuania of the years 2004 – 2008 foresees to develop the model of probation (suspended sentence, early discharge from punishment), which would be conform to international legal acts and would stimulate offenders not to offend in the future. The activity program of the Government of the year 2009 foresees to extend the efficient probation (including suspended sentence) system, which is oriented towards management of the risk of repeated offending behavior, which would create the conditions for social security, for reducing the recidives of crime, and particularly for reducing the number of imprisoned people. The mentioned program contains the intention to direct the work of correctional inspections toward social aid to convicts, not only toward the control of their behavior. Development of the model for probation is also approved in the Conception of probation system in Lithuania. In order to achieve these aims, it is necessary to explore the problems of the existing system of alternative sanctions and to state practice-based criteria, which the efficiency of the sanctions depends on. The object of the study. In this dissertation study there is investigated theorical and practical aspects of conditions of imposition and execution of community service, limitation of freedom and suspended sentence, in the terms of rational usage of resources and reducing of recidives. The aim of the study. The aim of this dissertation study is to state the shortcomings of application of alternative sanctions and to formulate the criteria of efficiency, on the base of theoretical knowledge and collected practical data. The tasks of the study: 1) To present theorical analysis of the system of alternative sanctions (probation); 2) To analize the criteria, which efficiency of the system of alternative sanctions depends on; 3) To analize, if the existing reglamentation of sanction imposition allows to a court to select the appropriate alternative sanction; 4) To investigate the concept of offender's personality and his dangerness, formed in the Lithuanian penal law; 5) To state, if the structure of evaluation of personality and dangerness ensures elimination of the criminogenic factors; 6) To state the main practical problems of imposition of alternative sanctions; 7) To investigate the process of execution of alternative sanctions, to explore its main shortcomings and to state the criteria of its efficiency. The scientific recency of the study. The legal and social criteria of efficiency of non-custodial sanction have not been yet researched in Lithuania. This dissertation study presents the complex research of the presumptions of efficiency of these sanctions.The study contains analysis of the national system of alternative sanctions, in the context of reglamentation of this system by international legal acts and reglamentation of national systems in such countries, as the United Kingdom, Sweden and others. The area of present research also comprises the examination of scientific substantiation of the national system in the context of concepts of efficiency, approved in these countries. The author of the study argues the significant role of scientific approach, based on practical research, in the formation of the efficient system of alternative sanctions. The study contains the description of the scientific and practical researches, which allowed to comprehend the link between the structured evaluation of offender's personality and the selection of a proper sanction. In the study there are also argued the significant role of proper evaluation of the social factors in realization of alternative sanctions. The analysis comprises not only theoretical conception of efficiency, but also the evaluation of expirience of application of the sanctions in Lithuania. This study presents the new approach to the problems of the discretion of sanction imposition and the evaluation of offender's personality. The significance of the work. One of the significant aspect of the present research is the analysis of some years of the practice in application of alternative sanction in Lithuania. On the basis of complex research we have tried to state the criteria of efficiency of alternative sanctions. These criteria could be used improving the legal acts on the imposition and execution of alternative sanctions. The hypothesis of the study. The existing mechanism of imposition and execution of alternative sanctions is not efficient, since its affection to recidive of crime is not based on the measures, oriented towards elimination or correction of criminogenic factors. The maintained statements of the dissertation study: 1. The possibility to control (supervise) a convict in the community depends on his motivation, which is expressed by his consent (agreement) to fulfil the requirements of imposed obligation. 2. The rules of imposition of alternative sanctions should be oriented to the certain groups of offenders (for example, substances addicted persons). 3. Since a court has extensive discretion in selection of the type of alternative sanction, the main reason for the selection is evaluation of information about an offender. 4. Subjectivity in evaluation of personality of offender and his dangerness determs eclecticism in the practice of imposition of alternative sanctions. 5. Imposition and execution of alternative sanctions should be oriented to change offender's social behavior and to eliminate criminogenic factors (substance addictment, alcohol drinking, etc.), which have been resulted in offence. 6. If substance addictment was a significant factor in making an offence, imposed to the offender alternative sanction should also contain the obligation to undergo treatment course. 7. The present reglamentation of application of alternative sanctions doesn't contribute to offenders' social progress and to their rehabilitation. 8. The present reglamentation determs only nominal approach to execution of obligation by convicts and to assessment of that execution. 9. The obligation to undergo the treatment course should

The problem under study. The problem of efficiency of alternative to imprisonment (non-custodial) sanctions is investigated in the present study. The fundamental advantage of this kind of punishment is the possibility to control offenders' behavior in the community. This idea is based on the personal ability to change, which depends on an offender's will and efforts to change himself and to start solving the problems, which have caused the offending behavior (motivation to change). Therefore, imposed alternative sanctions should affect the changes in offenders' behavior. The individual conditions (obligation and/or restrictions) of the sanction, imposed by a court, should direct an offender's efforts to change. The problem of efficiency of alternative sanctions is discovered, while studying, how the conditions of imposition and execution of these sanctions could affect the criminogenic factors and, therefore, could reduce recidives of crime. Analyzing these aspects we can observe the problem of individualization of punishment, or finding the appropriate sanction, and the problem of coherent application of the sanction. A court, imposing non-custodial sanction, should not only state a term of its application, but also should decide, if the imposed obligations (their amount and character) are sufficient to supervise the offender in the community. The imposition of non-custodial sanctions to a great extend determs the process of execution of it. Particularly, if the conditions of imposed sanction do not determine the offender to change and to solve the problems, related with offending behavior, then the control of their execution cannot affect the recidive of offending. The practical efficiency of these sanctions is determed by selection of the appropriate sanction; by sufficiency and practical useness of requirements, applied to offender in the process of execution; and by evaluation of the execution. The relevance of the study. The Commettee of Ministers of The Council of Europe, solving the problem of overcrowdedness of prisons, recommended to the member-states to deliver the plan to solve this problem, which would be based on the priorities of punishment, the public opinion, and the analysis of present practice of punishment. The program of the Government of the Republic of Lithuania of years 2000 – 2004 contains the intention to modify partially the system of punishment; to state the adequate punishment to the violations of law, to reduce the repressive effect of sanctions, to seek the social integration of the persons, having served the sentence. In this program there was presumed "the principle of economy of punishment" – the least sanction, which would be enough to affect the offender and stimulate him to change; confirmed the intention to apply community service, material sanctions and other non-custodial sanctions rather than penal measures. The legislative directions, contained in these documents, allowed to extend the application of alternative sanctions in the Penal Code, which came into effect on 1 May 2003. These measures were supposed to reduce the number of imprisoned and to become an efficient alternative to custodial sanctions. One of the conditions of efficiency of alternative sanctions is a systematic analysis and evaluation, if its application helps to reach the planned results. After more than five years since new Penal Code came into effect, we have some expirience of application of alternative sanctions, which would need a revision. Observing the functioning of the system of these sanction we can note, that the sanctions are being imposed and executed chaotically. This primary overview determs the relevance of theoretical and practical study of alternative sanctions. The law acts of the Republic of Lithuania forms the need to create an efficient model of probation. The program of the Government of the Respublic of Lithuania of the years 2004 – 2008 foresees to develop the model of probation (suspended sentence, early discharge from punishment), which would be conform to international legal acts and would stimulate offenders not to offend in the future. The activity program of the Government of the year 2009 foresees to extend the efficient probation (including suspended sentence) system, which is oriented towards management of the risk of repeated offending behavior, which would create the conditions for social security, for reducing the recidives of crime, and particularly for reducing the number of imprisoned people. The mentioned program contains the intention to direct the work of correctional inspections toward social aid to convicts, not only toward the control of their behavior. Development of the model for probation is also approved in the Conception of probation system in Lithuania. In order to achieve these aims, it is necessary to explore the problems of the existing system of alternative sanctions and to state practice-based criteria, which the efficiency of the sanctions depends on. The object of the study. In this dissertation study there is investigated theorical and practical aspects of conditions of imposition and execution of community service, limitation of freedom and suspended sentence, in the terms of rational usage of resources and reducing of recidives. The aim of the study. The aim of this dissertation study is to state the shortcomings of application of alternative sanctions and to formulate the criteria of efficiency, on the base of theoretical knowledge and collected practical data. The tasks of the study: 1) To present theorical analysis of the system of alternative sanctions (probation); 2) To analize the criteria, which efficiency of the system of alternative sanctions depends on; 3) To analize, if the existing reglamentation of sanction imposition allows to a court to select the appropriate alternative sanction; 4) To investigate the concept of offender's personality and his dangerness, formed in the Lithuanian penal law; 5) To state, if the structure of evaluation of personality and dangerness ensures elimination of the criminogenic factors; 6) To state the main practical problems of imposition of alternative sanctions; 7) To investigate the process of execution of alternative sanctions, to explore its main shortcomings and to state the criteria of its efficiency. The scientific recency of the study. The legal and social criteria of efficiency of non-custodial sanction have not been yet researched in Lithuania. This dissertation study presents the complex research of the presumptions of efficiency of these sanctions.The study contains analysis of the national system of alternative sanctions, in the context of reglamentation of this system by international legal acts and reglamentation of national systems in such countries, as the United Kingdom, Sweden and others. The area of present research also comprises the examination of scientific substantiation of the national system in the context of concepts of efficiency, approved in these countries. The author of the study argues the significant role of scientific approach, based on practical research, in the formation of the efficient system of alternative sanctions. The study contains the description of the scientific and practical researches, which allowed to comprehend the link between the structured evaluation of offender's personality and the selection of a proper sanction. In the study there are also argued the significant role of proper evaluation of the social factors in realization of alternative sanctions. The analysis comprises not only theoretical conception of efficiency, but also the evaluation of expirience of application of the sanctions in Lithuania. This study presents the new approach to the problems of the discretion of sanction imposition and the evaluation of offender's personality. The significance of the work. One of the significant aspect of the present research is the analysis of some years of the practice in application of alternative sanction in Lithuania. On the basis of complex research we have tried to state the criteria of efficiency of alternative sanctions. These criteria could be used improving the legal acts on the imposition and execution of alternative sanctions. The hypothesis of the study. The existing mechanism of imposition and execution of alternative sanctions is not efficient, since its affection to recidive of crime is not based on the measures, oriented towards elimination or correction of criminogenic factors. The maintained statements of the dissertation study: 1. The possibility to control (supervise) a convict in the community depends on his motivation, which is expressed by his consent (agreement) to fulfil the requirements of imposed obligation. 2. The rules of imposition of alternative sanctions should be oriented to the certain groups of offenders (for example, substances addicted persons). 3. Since a court has extensive discretion in selection of the type of alternative sanction, the main reason for the selection is evaluation of information about an offender. 4. Subjectivity in evaluation of personality of offender and his dangerness determs eclecticism in the practice of imposition of alternative sanctions. 5. Imposition and execution of alternative sanctions should be oriented to change offender's social behavior and to eliminate criminogenic factors (substance addictment, alcohol drinking, etc.), which have been resulted in offence. 6. If substance addictment was a significant factor in making an offence, imposed to the offender alternative sanction should also contain the obligation to undergo treatment course. 7. The present reglamentation of application of alternative sanctions doesn't contribute to offenders' social progress and to their rehabilitation. 8. The present reglamentation determs only nominal approach to execution of obligation by convicts and to assessment of that execution. 9. The obligation to undergo the treatment course should