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)

In this article there is analysed an independent criminal punishment – public works, which was determined by the Criminal Code and the Punishment Enforcement Code of the Republic of Lithuania as alternative punishment to freedom deprivation punishment. Without looking into the process of historical development, it is made an attempt to overview the tendency of public works’ spreading, to analyse the problems of public works’ realisation and how to deal with them. There is compared Lithuanian legal regulations with international documents, (...) which are related with alternative punishment as alternative to freedom deprivation punishment. There is also looked over public works’ legal regulations in foreign countries, an experience of public works implementation in Lithuania and abroad and, the most important, there had been given landmarks of public works institution improvement. The article is based upon the documents of the United Nations and the Council of Europe, legal regulations and practice of public works in foreign countries, opinion and studies of foreign scientists and the other authors, the data of statistics and questioning of the officers of correctional inspections. (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)

The article deals with a study of a distinct criminal punishment established in the Criminal Code and the Code of Punishment Enforcement of the Republic of Lithuania—restriction of liberty, as an alternative to imprisonment. Without investigating extensively the course of development of this penalty, in the article it is sought to overview the development trends of restriction of liberty; analyse the problems of enforcing this penalty and suggest measures to eliminate them; investigate whether the legal regulation of Lithuania is in (...) line with the provisions of the main international instruments relating to non-custodial sanctions (1990 United Nations Standard Minimum Rules for Non-custodial Measures (the so-called Tokyo Rules), Recommendation R (92) 16 of the Committee of Ministers of the Council of Europe to Member States on the European rules on community sanctions and measures, Recommendation Rec (2000) 22 of the Committee of Ministers of the Council of Europe to Member States on improving the implementation of the European rules on community sanctions and measures); review the progressive legal regulation of restriction of liberty in place in individual states and provide a comparison between the national and foreign experience in relation to the penalty of restriction of liberty. In addition, the article offers guidelines for the improvement of the legal regulation and implementation of the legal institute of restriction of liberty. (shrink)