One of the legal institutions of the punishment realization, i.e. the probation release, is investigated in the article from the legal comparative point of view. The article covers the legal relations, appearing as the result of application of the probation (setting and realization) towards the imprisoned convicts. The norms of the international and national juridical acts on the punishment realization, which regulate the probation, and the juridical doctrine of the punishment realization, brought forward by Lithuania and foreign countries, is analyzed (...) in the present article. The misunderstandings within the practices of imposition and execution of probation result in continuous discussions on the factual influence of the said institution to the development of social behaviour of the convicted person. The process of execution of probationary release must be directed towards the management of the risk of repeated criminal behaviour of the convicted person and neutralizing of criminal factors, however the existing structure of legal regulation does not provide a possibility to reach the said objectives. This shows one of the main deficiencies of criminal justice of Lithuania – a frequent and sustained application of imprisonment. (shrink)

The predominant trends in the European prison system are population growth and overcrowding of correctional facilities. Recently, the level of criminal offences in Lithuania has been gradually increasing. Current statistics on repeated criminal offences and forecasts of recidivating crime are also pessimistic. The large number of convicts, the negative impact of isolation, the absence of a progressive correction system, the inadequacy of existing correctional measures, and the largely formal activity of penal institutions exacerbate the problems of ineffective resocialization of convicts (...) and resulting recidivism. Thus, the situation demands an examination of effective methods for the elimination of the above detriments. The article emphasizes the need for an essential modernization of the system of resocialization of convicts in Lithuania by transforming formal measures into real ones directed at the reform of behaviour and thinking. The article discusses new corrective measures widely used across the European Union and other countries, such as evaluation of individual risk for repeated criminal offence and implementation of appropriate behaviour-correction programmes on the basis of clearly defined criteria of effectiveness. Unfortunately such measures have not been implemented in Lithuania, either de jure or de facto. (shrink)

The comparative historical method provided the possibility to perform a retrospective analysis of parole release, learn about the origin of the institution and the trends of its development within the historical dialectics, evaluate its social importance and benefits, distinguish its positive and negative characteristics, and forecast the model that would be more acceptable in Lithuania today. In order to create a versatile standpoint regarding the variety of conceptions (models) of this institution, the author analyzes the evolution of release on parole, (...) because without an analysis of the historic world outlook it would be impossible to perceive the essence of the modern model of release on parole, to disclose its content, to identify the factors influencing its formation and foresee the perspectives of its further evolution. (shrink)