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1
Долотов, Руслан, et Ruslan Dolotov. « Real Served Term in Case of Parole : Problems of Determination ». Journal of Russian Law 4, no 11 (31 octobre 2016) : 0. http://dx.doi.org/10.12737/22198.
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The article is devoted to the practice of parole. The main goal of the study is to determine if is it properly to include a period of house arrest in six months term of imprisonment, necessary for the creation of the right to parole. The article proves that in practice they judge from the following conclusion: as the period of house arrest is included in the period of detention, and the detention period is included in the term of imprisonment, so when a real served term for parole is determined it is necessary to include in it the period of house arrest. The author explains that such conclusion is flawed since it is based on a dogmatic rather than systemic interpretation of the Criminal Code and the Criminal Procedure Code of the Russian Federation without understanding the role which plays set by the legislator six months term in case of parole in the system of criminal law measures.
2
Barbu, Denisa. « A Brief Analysis On Preventive Measures Involving Deprivation Of Liberty ». International conference KNOWLEDGE-BASED ORGANIZATION 21, no 2 (1 juin 2015) : 398–402. http://dx.doi.org/10.1515/kbo-2015-0067.
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Abstract Preventive measures are divided by the legislator in 2 categories: imprisonment (detention, house arrest, preventive arrest) and restrictive of rights (judicial review and judicial control on surety). An absolute novelty is the introduction of house arrest. There is some controversy concerning the conditions which must be fulfilled in order to be disposed by the judge of rights and freedoms, the judge of preliminary Chamber or Panel of judges either the house arrest or the measure of preventive arrest. Whereas the establishment of preventive measures involves undermining the individual freedom, the national and the European laws have created a series of legal guarantees to prevent arbitrariness or abuse in making or extend/maintain them. There are also a number of provisions of a general nature, applicable to all preventive measures, namely, termination, revocation or replacement thereof. For all measures involving deprivation of liberty, general conditions must be fulfilled, stipulated by article 202, of the Code of Criminal Procedure, but for house arrest and detention in addition to the General conditions, special conditions should be fulfilled foreseen by article 223 of the Code of Criminal Procedure, conditions which must be cumulatively met. Not fulfilling the cumulative criteria laid down in national and European norms cannot be replaced by other considerations of the judge.
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Ariza, Libardo José, María Mauersberger et Fernando León Tamayo Arboleda. « Locked in the Home : A Critique of House Arrest as an Alternative to Imprisonment for Women Sentenced for Drug-Related Crimes ». Prison Journal 101, no 3 (22 avril 2021) : 286–305. http://dx.doi.org/10.1177/00328855211010410.
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This article addresses the unintended consequences of using house arrest for female offenders as an alternative to prison for drug-related crimes. We propose that in patriarchal societies, locking women at home could imply moving them to another control device that may be as harmful as prison. Thereby, house arrest creates an unintended effect in which domestication in traditional gender roles ends up being the primary target of female offender punishment.
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Abdullayev, Dior. « THE CONCEPT AND LEGAL NATURE OF HOUSE ARREST AS A CRIMINAL PROCEDURAL MEASURE OF RESTRAINT ». Jurisprudence 3, no 2 (29 avril 2023) : 152–62. http://dx.doi.org/10.51788/tsul.jurisprudence.3.2./btav6306.
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According to our national legislation, house arrest is considered a new legal institution compared to other criminal procedural precautionary measures. Taking this into account, in this article, the author provides a general description of criminal procedural precautionary measures, the concept of house arrest as a preventive measure; its legal elements and the scientific-theoretical aspects of its content are detailed through a comparative analysis of the opinions of foreign experts and local researchers. Also, the article describes the problems that have arisen in the practice of applying the law on the basis of foreign and national legislation and legal norms that determine the procedure for the appointment of house arrest, as well as conclusions and suggestions for their elimination. Although there are legal grounds for choosing a preventive measure in the form of detention during the preliminary investigation or trial against a person who has committed a crime or is suspected of committing it, from the point of view of humanity, taking into account his age, state of health, family situation and other circumstances, house arrest is used as a preventive measure only if it is deemed inappropriate to incarcerate him. However, if a person abuses the relief given to him without following the established order, a preventive measure in the form of imprisonment will be applied to him. Therefore, first of all, when choosing house arrest instead of detention as a preventive measure, the law enforcer should clearly distinguish the grounds for using detention as a preventive measure and the circumstances that are taken into account when choosing it.
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Zheleva, Olga V., et Alexander S. Tkach. « Some problems in calculating and counting the period of prohibition of certain actions against the period of house arrest, detention and imprisonment ». Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no 45 (2022) : 50–65. http://dx.doi.org/10.17223/22253513/45/4.
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The subject of the article is the procedure of application of prohibition of certain actions and the rules of counting the term of this preventive measure against the term of house arrest, detention and imprisonment. The relevance of the chosen topic is due to the introduction of uncoordinated changes in criminal procedural and criminal legislation, which led to legal uncertainty and lack of a unified approach in law enforcement. The authors solved the following problems: to disclose the content of prohibition of certain actions; to determine the moments of the beginning and end of prohibitions; to establish the proportions of offsetting periods of prohibition of certain actions with other measures of restraint; to formulate rules of offsetting periods of prohibition of certain actions and deprivation of liberty. The methodology of the study consisted of general scientific and special scientific methods: dialectical, formal-logical, comparative-legal, systemic, analysis and synthesis. On the basis of these methods the article provides an analysis of the procedure for calculating the period of prohibition of certain actions. It is pointed out that the gap of the present regulation is the lack of cut-off terms of injunctions' validity, stipulated in the items 2-6 of part 6 of article 105. 6 of Art. 105.1 of the CPC of the RF, the procedure for their extension and control. The Article stresses that the prohibition of leaving the dwelling is linked to the isolation of the person from society, and therefore the time of such prohibition should be taken into account when replacing this preventive measure with house arrest or remand in custody. In the reverse situation, there should also be an offsetting of time limits. Based on the scope of the imposed restrictions, the authors justify the following proportion in the RF CCrP: 1 day of detention equals 2 days of house arrest and 3 days of prohibition to leave the dwelling. Particular attention is paid to the issue of crediting the time of prohibition to leave the dwelling premises into the term of punishment. Based on an analysis of case law, the authors identify three approaches. The first is that the period of prohibition of certain actions under para. 1 P. 6 of Article 105.1 of the RF CCrP, should not be counted as part of the imprisonment sentence, as this is not provided for in Article 72 of the RF CC. According to the second approach, the period of prohibition to leave the dwelling premises should be counted as part of the term of imprisonment, using by analogy the provisions on counting the term of house arrest as part of the term of imprisonment. A third approach is that the time of prohibition to leave the premises should be counted indirectly: through correlation with another preventive measure - detention, in order to take into account the type of correctional facility assigned to the person. The authors adhere to the second position, but propose a different proportion of offsetting, different from house arrest, which should be enshrined in the Russian Criminal Code. The conclusion draws conclusions on the shortcomings of the regulation of the new measure of restraint, emphasises the criminal-law nature of the institution of setoff and proposes amendments to the RF CCrP and the RF Criminal Code. The authors declare no conflicts of interests.
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Avdeeva, Ekaterina V. « Actual issues of calculating the term of imprisonment when set off the time of detention and house arrest ». Yugra State University Bulletin 16, no 2 (9 octobre 2020) : 91–98. http://dx.doi.org/10.17816/byusu2020291-98.
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The subject of the study is to consider the issues regarding the set-off of the time spent in custody or house arrest at the time of punishment, both during the sentencing and during its execution.
The purpose of the study is to disclose the problematic issues of calculating the period of detention subject to offsetting the term of imprisonment, the beginning of the term of serving a sentence of imprisonment. The procedure for setting off the time spent by a person under house arrest until a court verdict comes into force is considered if a court imposes a sentence that is not related to isolation from society.
The main results of the study reflect problems in sentencing if the time of detention absorbs the sentence assigned to the defendant by the court, as well as the issues of applying preferential rules for setting off the time of detention in custody when sentencing for the totality of crimes and the totality of sentences, criminal of the law in time when the time in the sentence is set off, for crimes committed before July 14, 2018.
As a fundamental direction, the scientific and practical validity of the criminal law policy and legislative processes, the optimization of the implementation of the criminal law are noted.
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Savloff, Leyla. « Deviant Motherhood ». Social Text 38, no 1 (1 mars 2020) : 67–88. http://dx.doi.org/10.1215/01642472-7971103.
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This article discusses two intertwined forms of care that engage with incarcerated women in Argentina. First, it examines the consequences of a policy change that allows incarcerated women who are pregnant and/or caregivers of small children to serve their time at home. Institutional confinement extends beyond the prison and has taken various forms, such as the shelter, the asylum, relocation centers, and prison camps. Inspired by recent prison studies that disrupt the prison as a fixed and hardened site, this article contends that house arrest is far from a benefit. Rather, home confinement constitutes a site of neglect where women must fend for themselves to perform reproductive labor as a way to complete their sentence. This practice reveals new forms of social control and state surveillance in which judges, social workers, and penitentiaries determine which women are appropriate for house arrest while policing the terms of their confinement. Second, this article presents the author’s fieldwork involving a women’s collective that offers art-related workshops to encourage incarcerated women to develop a different understanding of their agency and potential. Institutions such as neighborhood and women’s collectives offer new forms of sociality that redefine imprisonment. As women under house arrest are expected to provide for themselves and their children, it is important to understand how they meet such challenges, considering how gender norms and institutional violence impact women’s lives today.
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Petrašinović, Stefan. « KUĆNI ZATVOR U SVETLU NAJNOVIJIH IZMENA I DOPUNA ZAKONA O IZVRŠENjU KRIVIČNIH SANKCIJA ». Glasnik prava 11, no 1 (2020) : 57–58. http://dx.doi.org/10.46793/gp.1101.57p.
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Art. 3 of the Law on amendments to the Law on Execution of Criminal Sanctions, a new Art. 41a. entitled “Procedure for petition to execute imprisonment in the premises of the convicted person”. This amendment to the Law on Execution of Criminal Sanctions (which is both substantive and procedural in nature) gives the possibility and hope to a large of sentenced persons to imprisonment for up to one year, by their request, by the time they enter the sentence, re-examines the conviction and possibly changes the manner in which the prison sentence is served in one of the penitentiary institutions by executing it in the premises where the convicted person resides (“house arrest”). In this paper, the author will point out the legitimacy and compliance of this novelty with the basic principles of criminal law, the relationship with the certain provisions of the Criminal Code and the Code of Criminal Procedure, the intention of the legislator in its introduction, as well as its nature.
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Aleksandrova, Olga P., Maksim N. Bogdanov et Aleksandr V. Oskolkov. « Some issues of offsetting the time spent under house arrest in the period of detention and imprisonment ». Государственная служба и кадры, no 4 (2022) : 132–34. http://dx.doi.org/10.56539/23120444_2022_4_132.
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Drakić, Dragiša, et Ivan Milić. « Sentencing and enforcement of the prison sentence served in the premises where the convicted person resides : The so-called house arrest ». Zbornik radova Pravnog fakulteta, Novi Sad 54, no 3 (2020) : 999–1022. http://dx.doi.org/10.5937/zrpfns54-29378.
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The rule that convicted persons serve their sentences exclusively in prisons has not been valid in the Republic of Serbia for a long time. Prison sentences may also be executed in the premises where the convicted person resides. Such a solution is introduced by the 2009 Law on Amendments and Supplements to the Criminal Code. The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the convicted person resides as a special punishment. Instead, the offender is sentenced to imprisonment, which is then executed in the premises where he lives. In criminal proceedings, the court is obliged to individualize the criminal sanction in a way that takes into account objective and subjective circumstances - the circumstances relating to the committed crime and its perpetrator. There are such perpetrators who it is necessary to sentence to prison, but who should not be sent to a penal institution. The prison sentence may also be served in premises where they reside (with or without electronic surveillance). Although, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal institution, this does not necessarily mean that he will be placed into a penal institution to serve his sentence. The amendments and supplements of the Criminal Code leave an "opportunity" for the convict to serve his sentence in the premises where he resides, if the prescribed conditions are met. This is only a possibility which may be decided on by the judge in charge of executing criminal sanctions. If it is decided that the convicted person shall serve his sentence in the premises where he resides, the next step is the execution of the sentence. Not all convicted persons who are serving their sentence in this way are in the same legal position, as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resides (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence. This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence.
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Lešková, Lýdia, Lenka Haburajová Ilavská et José García Martín. « Alternative Punishment as a Suitable Alternative to Imprisonment ». Journal of Education Culture and Society 13, no 2 (27 septembre 2022) : 39–54. http://dx.doi.org/10.15503/jecs2022.2.39.54.
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Aim. The philosophy of alternative punishment is based on keeping the convicted person free, while imposing a punishment that will act preventively against committing another felony. The paper focuses on perceiving the importance of alternative punishment as part of restorative justice, and on presenting the results of the questionnaire survey which aimed to identify the public´s preferences in the context of various forms of alternative punishments as an option, instead of imprisonment. Attention is paid to three alternative punishments, specifically: community service, house arrest, and monetary sentence (fine). Methods. The questionnaire survey aimed to find out what forms of alternative punishment are, according to the respondents, a suitable alternative to incarceration. The survey sample comprised of Slovak individuals (N=1078) aged from 16 years and older, thereof 31.3% men (N=337) and 68.7% women (N=741). Results. Based on the analysis of the data collected from the 1078 respondents´ answers to the individual questions in the questionnaire, community service was identified as the most favorable alternative to imprisonment, whereas the least preferences the respondents gave to the option of monetary fines. Conclusion. The concept of alternative punishment is understood as a form of punishment that fulfills the purpose of a sentence, without deprivation of freedom, but still guaranteeing the fulfilment of a court-ordered unconditional retribution. Compared to traditional forms of punishment, alternative methods of resolving judicial cases do not enforce repression and prefer the individual approach to punishing the accused (convicted) persons with emphasis on corrective aspects of alternative punishment. The results of the survey showed that the respondents strongly prefer one form of alternative punishment, namely the community service.
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Ikanović, Veljko. « Alternative Sanctions in the Gap Between the Law and Reality / Alternativne sankcije u raskoraku između normativnog i stvarnog ». Годишњак факултета правних наука - АПЕИРОН 5, no 5 (28 juillet 2015) : 124. http://dx.doi.org/10.7251/gfp1505124i.
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This paper deals with some alternative sanctions of the criminal legislation in Bosnia and Herzegovina. Author pays attention to, first of all, replacing short-term imprisonment with the common good in freedom and house arrest with electronic surveillance, which was recently introduced in the Federation of Bosnia and Herzegovina, and the replacement of short-term prison sentence with a fine. Pointing out the scientific understanding of the need for the development and introduction of alternative sanctions and binding international documents, he examines the limitations of the existing legal desicions, the legislator notes inertia and resistance to general and political public for the legal solutions to be implemented in life. Finally, in the conclusion he says that there is a gap between law and reality that threatens the goal and purpose of alternative sanctions and also the fulfillment of international obligations which Bosnia and Herzegovina has taken in this area.
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ILIN, DANILA. « DETENTION AND HOME ARREST : THEORETICAL AND LEGAL ANALYSIS OF THE APPLICATION ». Gaps in Russian Legislation 14, no 4 (28 juillet 2021) : 308–17. http://dx.doi.org/10.33693/2072-3164-2021-14-4-308-317.
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The article presents the results of a comparative legal analysis of the use of preventive measures in the form of detention and home arrest. Both of these measures are forms of isolation from society of suspects, accused persons, and defendants in criminal proceedings. Thus, detention as a preventive measure, as a general rule, is applied by a court decision against a suspect or accused of committing crimes for which the criminal law provides for a penalty of imprisonment for a term of more than three years, if it is impossible to apply another, more lenient, preventive measure. When choosing a preventive measure in the form of detention, the judge's decision must specify the specific, factual circumstances on the basis of which the judge made such a decision. Such circumstances may not be data that has not been verified during the court session, in particular the results of operational search activities, submitted in violation of the requirements of Article 89 of the Code of Criminal Procedure of the Russian Federation. At the same time, house arrest, along with detention, is classified as a preventive measure that restricts freedom. These measures are identical in terms of preventing consequences. However, this circumstance is often not taken into account by the court. This conclusion is supported by statistics showing a low level of use of home arrest. The article examines the evolution of the legal regulation and application of detention and home arrest. The conclusion is made about the historical continuity of both positive and negative experiences. In particular, the use of detention as a means of influence to obtain "necessary evidence", a punitive measure, which does not follow from its essence, is traced. Unfortunately, this practice still exists today, as confirmed by the examples given in the article. The article examines the conceptual aspects of the use of detention and home arrest as an alternative to isolation from society. Proposals for amendments to the criminal procedure legislation aimed at minimizing abuses in the appointment and execution of procedural preventive measures in the form of detention and home arrest are formulated and justified.
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SIMAS, Luciana. « Filhos da (in)justiça ». Passagens : Revista Internacional de História Política e Cultura Jurídica 13, no 3 (1 octobre 2021) : 508–29. http://dx.doi.org/10.15175/1984-2503-202113306.
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The following article presents statements by pregnant or breastfeeding women to have been through custody hearings and criminal proceedings while released on bail, illustrating institutional responses to prenatal, childbirth, and post-natal care outside the prison environment. The aim was to document the possibilities for and difficulties of applying release measures, according to the women’s own narratives of violence. The qualitative research is based on an analysis of content and is organized according to thematic modules with an exploration of the material collected in interviews and field data. Several obstacles faced in the empirical study have been highlighted, as have the experiences of the women inside and outside the prisons, in terms of the exercise of motherhood, life with the child, the lack of state assistance, and the consequences of the imprisonment. The report from mothers to have been released on bail or placed under house arrest due to pregnancy demonstrates adequate pre-natal care and the children’s healthy development, although difficulties were still experienced during childbirth. The adoption of measures to release the women allowed for better access to healthcare, in line with the human right to safe motherhood. The satisfaction of being able to care for their children and live alongside family stood out as a positive factor. Situations of institutional violence still persist, given the insufficiency or absence of state protection.
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Trefilov, Aleksandr A. « Measures of coercion in the criminal procedure in Germany, Austria, Switzerland, and Lichtenstein : Historical development ». Ugolovnaya yustitsiya, no 19 (2022) : 117–25. http://dx.doi.org/10.17223/23088451/19/21.
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Based on normative and doctrinal sources, the author examines the historical development of procedural coercion measures in the criminal proceedings of the German-speaking states on the example of classical legal monuments and modern codes of the 19th-20th centuries. Initially, the system of coercive measures in these legal orders looked rather primitive and archaic (for example, during the period of the Saxon Mirror of 1230), but over time it began to become more complicated, a general part and a special part separated in it. In the states under consideration, there is a tendency to expand the list of measures of procedural coercion, to establish additional guarantees of the rights and freedoms of the person to whom they apply. An analysis of the Carolina of 1532 shows that the legislator sought to clearly regulate the grounds and conditions for choosing a measure of coercion in the form of detention for the accused, since this form most seriously interferes with the sphere of their personal rights. The Theresiana of 1769 for the first time provided for house arrest, which was used along with imprisonment in a fortress and in prison. In the transition from an inquisitorial criminal procedure to a mixed one, coercive measures become the object of judicial control. The legislator seeks to find a balance between the interests of the accused and the interests of justice in criminal cases. This article may be useful to anyone interested in criminal proceedings and in the history of the state and law of foreign countries.
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Maslennikova, Valeria A. « “THE EDGE OF EXILE, UNWELCOMEˮ : SOME FEATURES OF KEEPING WOMEN IN PRISONS OF THE TAURIDE PROVINCE IN THE MIDDLE OF THE 19th - EARLY 20th CENTURY ». IZVESTIYA VUZOV SEVERO-KAVKAZSKII REGION SOCIAL SCIENCE, no 4 (212) (28 décembre 2021) : 79–83. http://dx.doi.org/10.18522/2687-0770-2021-4-79-83.
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The article examines the features of keeping women prisoners in the prisons of the Tauride province in the mid-19th - early 20th century. The problems of keeping prisoners in detention centers and prison castles are highlighted and described. The article uses subsequently introduced into scientific circulation, previously unpublished documents concerning the inspections of prisons in the Tauride province. Implementation of criminal responsibility in the Russian Empire in the mid-19th - early 20th century was carried out by sending prisoners to jails, arrest houses, correctional prison departments, however, until the beginning of the twentieth century. Despite the stable increase in female crime, there were very few female representatives in places of imprisonment. At the moment, science is looking for solutions that can improve the quality of the penitentiary system in relation to women. In this regard, it is especially relevant to study the characteristics of female prison detention in retrospect. There are currently no sources that would provide a full picture of the social well-being of women in prisons and detention centers in the Tauride province, which in turn makes research on this issue relevant. The reconstruction of a woman's position, as well as her social well-being in prison, is based on all-Russian studies, which provide fragmentary information about certain aspects.
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Sandhu, Harjit S., Richard A. Dodder et Minu Mathur. « House Arrest ». Journal of Offender Rehabilitation 19, no 1-2 (25 février 1993) : 131–44. http://dx.doi.org/10.1300/j076v19n01_09.
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Ionescu, Larisa Cristina. « House arrest ». Eximia 11 (8 août 2023) : 418–46. http://dx.doi.org/10.47577/eximia.v11i1.317.
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The right to physical freedom is one of the most obvious rights and freedoms, being the subject of the Constitution, as a fundamental law, as well as of numerous treaties, conventions and other such acts to which our country is a party. Man, by nature, is individual. This character of man has made him over time to fight continuously with the tendency to freedom. We can affirm that the feeling of freedom was born and ascended with man, therefore for the human being it has been and will remain as natural and legitimate as existence itself. However, the association of man in a social grouping, in the sense of the state, compels him to observe the norms to which the state is subject. Living in society, man must accept, in order to achieve the general interest, the "common social good", the limitation of his forms of manifestation to the dimensions of the reasonable. This can be done, which is preferable, through self-control, but this is an uncertain, variable, random path. More certain is the intervention of an external factor, constituted in society by the coercive force with which public power is endowed. It is a path that has the advantage of permanence, proportionality, the possibility of being controlled. Institutionalized coercion is not only an exclusive dimension of public power, but it is also its essential dimension. Of course, as a method of governing state power, persuasion takes precedence, coercion having a subsidiary role, but it is ubiquitous. Any state-organized society has a coercive force, varying only the forms of realization of coercion, its intensity, and the relations between coercion and persuasion. The measure of house arrest can be considered easier compared to other preventive measures of criminal proceedings, which, by definition, represent the deprivation of liberty of a person during criminal proceedings in order to ensure its proper conduct.
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Chamiel, Elad, et Sophie D. Walsh. « “House Arrest” or “Developmental Arrest” ? A Study of Youth Under House Arrest ». International Journal of Offender Therapy and Comparative Criminology 62, no 14 (8 juin 2018) : 4381–402. http://dx.doi.org/10.1177/0306624x18779183.
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Studies have examined the potential benefits and risks of alternative forms of detention, such as house arrest, for adults but, despite its growing use, little research has examined the implications of house arrest for juveniles. The current research examined the experience of 14 adolescents under house arrest. Six main themes were identified in the narratives of the participants: the experience of detention, daily schedule and utilization of time, emotions and self-reflection, relationships with peers, relation to parents and supervisor(s), and contact with professionals. Findings emphasized the potential developmental dangers of house arrest at the critical stage of adolescence. Yet, analysis also showed that the period of house arrest has the potential to be a period of positive changes, and can be used for successful rehabilitation.
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McMillin, Arnold, Yevgeny Kharitonov et Arch Tait. « Under House Arrest ». World Literature Today 73, no 2 (1999) : 355. http://dx.doi.org/10.2307/40154788.
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Rix, Keith. « Wrongful Arrest, False Imprisonment, Trespass and Assault ? » Journal of Forensic Psychiatry 6, no 3 (décembre 1995) : 617–33. http://dx.doi.org/10.1080/09585189508410791.
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Van Zyl Smit, Dirk. « INTERNATIONAL IMPRISONMENT ». International and Comparative Law Quarterly 54, no 2 (avril 2005) : 357–86. http://dx.doi.org/10.1093/iclq/lei004.
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Every State in the modern world has a prison system, established and purportedly administered in terms of formal legal rules. Most such systems house both sentenced and unsentenced prisoners and have minimum standards and rules that are common to all prisoners. Although there is now a considerable body of international law that aims to provide a human rights framework for the recognition of the rights of all prisoners, the universality of the prison and the ubiquity of international human rights law have not meant that there is international consensus about what imprisonment should be used for and how prisons should be administered. The prison as a penal institution has remained firmly rooted in the nation State and in national legal systems. In this respect penal institutions are different from other detention facilities, most particularly those for prisoners of war, which have long been governed by the rules of international humanitarian law.
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MORAIS, L. C. A., et I. F. OLIVEIRA. « Violência policial, tortura e maus tratos : audiências de custódia e Política Criminal de Hiperencarceramento ». Passagens : Revista Internacional de História Política e Cultura Jurídica 14, no 2 (29 juin 2022) : 225–57. http://dx.doi.org/10.15175/1984-2503-202214204.
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Custody hearings are defined by the Brazilian National Council of Justice’s resolution no. 212/2015 as a guarantee determining that all individuals arrested in flagrante delicto must be presented to the legal authorities within 24 hours for a hearing outlining the circumstances in which their arrest took place, in order to assess the legality, regularity, and need for the act, as well as to identify possible situations of torture or violence during the arrest. In other words, this aims to guarantee that the individual’s procedural rights will be upheld, based on the perspective of a clash both with Brazil’s rocketing rate of imprisonment and the practices of police torture and violence which may occur during an arrest, aiming to provide a minimum defense of Human Rights. The present work aims to analyze custody hearings in the metropolitan region of Natal, Rio Grande do Norte, problematizing the challenges it faces in terms of criminal policy in Brazil and mass imprisonment, as well as to analyze whether the custody hearings meet their proposed aim, in terms of reducing the practices of police torture, mistreatment, or violence during an arrest.
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Voronov, Denis. « House Imprisonment as a Security Measure : State and Development ». Izvestiya of Altai State University 2, no 2 (novembre 2013) : 86–89. http://dx.doi.org/10.14258/izvasu(2013)2.2-18.
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Kuss, Sharon, Miguel Mata, Liang Zhang et Beatriz Fontoura. « Nuclear Imprisonment : Viral Strategies to Arrest Host mRNA Nuclear Export ». Viruses 5, no 7 (18 juillet 2013) : 1824–49. http://dx.doi.org/10.3390/v5071824.
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Allison, Lucas. « Angela Davis, Policing the Black Man : Arrest, Prosecution, and Imprisonment ». Journal of African American Studies 23, no 1-2 (24 avril 2019) : 142–45. http://dx.doi.org/10.1007/s12111-019-09424-y.
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Manohina, Ekaterina. « Features of the election of such preventive measure as house arrest in relation to minors ». Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no 2 (21 juillet 2020) : 153–57. http://dx.doi.org/10.35750/2071-8284-2020-2-153-157.
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In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.
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Coats, Karen. « House Arrest by K. A. Holt ». Bulletin of the Center for Children's Books 69, no 3 (2015) : 149. http://dx.doi.org/10.1353/bcc.2015.0842.
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Echard, S. « House Arrest : Modern Archives, Medieval Manuscripts ». Journal of Medieval and Early Modern Studies 30, no 2 (1 avril 2000) : 185–210. http://dx.doi.org/10.1215/10829636-30-2-185.
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Geranin, Vitalij, et Svetlana Nikolaevna Mal'tseva. « HOUSE ARREST : PROBLEMS OF LEGAL REGULATION ». Man : crime and punishment 32, no 1 (22 mai 2024) : 35–45. http://dx.doi.org/10.33463/2687-1238.2024.32(1-4).1.035-045.
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The article is devoted to topical issues of legal regulation of one of the preventive measures chosen only on the basis of a court decision – house arrest. The authors of the article, highlighting the advantages and disadvantages of house arrest, came to the conclusion that its legal regulation in general and the definition provided for in Part 1 of Article 107 of the Criminal Procedure Code of the Russian Federation in particular need to be changed. The use of the category “isolation from society” in determining this preventive measure not only does not correspond to the legal nature of house arrest, but also complicates its positioning as an alternative to detention, which it represented at the time of adoption of the CPC of the Russian Federation. The analysis of the concept of "isolation from society" conducted in the article showed that it was its inclusion in the definition of house arrest that changed the legal nature of the latter and led to the establishment of legal restrictions that are absent even in the most severe types of criminal punishment or preventive measures (inaccessibility of suspects or accused walks). The statistics presented in the article indicate the gradual loss of independent significance of house arrest and, as a result, a decrease in the proportion of its use. The authors propose to exclude the words “in isolation from society” from Part 1 of art. 107 of the Code of Criminal Procedure of the Russian Federation, which will subsequently lead to the need to review the legal restrictions imposed by this preventive measure, strengthen independence and increase the proportion of the use of house arrest in the arsenal of means available to law enforcement officers and the court.
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Avdeeva, Ekaterina V. « Legal Issues of Regulation of Arrest as a Criminal Punishment Type and Its Implementation Prospects ». Advocate’s practice 3 (29 avril 2021) : 24–28. http://dx.doi.org/10.18572/1999-4826-2021-3-24-28.
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The article describes the stages of arrest as a form of punishment in the current criminal code, the persons in respect of which appointment by the court of arrest is not allowed, the base replacement and the mechanism of implementation. On the basis of the norms of penal enforcement law, the procedure for keeping prisoners under arrest and the specifics of serving it is defined. The rules of serving the arrest of convicted military personnel, incentives and penalties are analyzed. The problems of implementation of arrest at the law enforcement level related to the imposition of punishment in the form of arrest, which entailed significant violations of the criminal law, are identified. The author reveals doctrinal research in Russian and foreign law in the sphere of arrest implementation, the advantages of this type of punishment over short-term imprisonment.
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Brašovan-Delić, Marina. « Problems with the execution of house arrest ». Glasnik Advokatske komore Vojvodine 93, no 1 (2021) : 190–232. http://dx.doi.org/10.5937/gakv93-28607.
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In the Republic of Serbia, out of all alternative sanctions, the courts have most often issued house arrest, in addition to a suspended sentence. Besides a review of the legislation governing the subject matter, the author attempts to point out the problems that the courts and trust agents encounter in practice when executing the sanction of house arrest. Inadequate application of the regulations governing the execution of house arrest, along with technical and personnel shortcomings faced by the Trust Agency of the Administration for the Execution of Penitentiary Sanctions in the Republic of Serbia, may lead to a partial or temporary inability to execute the sentence. By using the available statistics on imposed criminal sanctions, examining the opinions of the judges and the views of the trust agents, and evaluating data from other research conducted in this area, the author attempts to answer the question of whether and how the existing problems with house arrest in Serbia could be overcome. Eliminating the formal and technical deficiencies in the execution should demonstrate the extent to which the imposition of house arrest achieves the aims of general and special preventive measures, while bearing in mind that, in certain situations in practice, the sentence of house arrest remains unexecuted.
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Nebratenko, Gennady, et Violeta Kharzinova. « Topical Problems of Imposing Prohibitions and Restrictions When Choosing the Preventive Measure of House Arrest ». Siberian Criminal Process and Criminalistic Readings, no 4 (42) (5 décembre 2023) : 52–59. http://dx.doi.org/10.17150/2411-6122.2023.4.52-59.
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House arrest is quite often used as a preventive measure in criminal court proceedings. At the same time, its use poses a number of problems. In particular, they refer to the legislative regulation of the enforcement of the house arrest, the prohibition of certain actions and the conditions of their implementation. The authors analyze certain problems of imposing prohibitions and restrictions when choosing the preventive measure of house arrest. They present the interpretation of the concept “prohibition and restrictions” in the criminal process theory and describe the essence and contents of these concepts. It is researched how problematic the prohibition of continuous house arrest is considered to be and how this problem should be solved in court practice. The authors draw attention to the absence of legislative regulation of the procedure for imposing prohibition on postal and telegraph orders and outline ways to solve this problem. They examine different aspects of enforcing the right to leave the dwelling in cases of house arrest. Investigatory actions involving persons who are under prohibition to commit certain actions is analyzed as a separate problem aspect. Having studied the problems of imposing prohibitions and restrictions in cases of choosing the preventive measure of house arrest, the authors propose ways of solving them.
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Hutnyk, A. V. « Application of house arrest during martial state ». Analytical and Comparative Jurisprudence, no 5 (17 novembre 2023) : 518–24. http://dx.doi.org/10.24144/2788-6018.2023.05.93.
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The article examines the peculiarities of the use of house arrest during martial law. It was established that after the full-scale invasion of Russia into the territory of Ukraine, the frequency of the use of house arrest did not decrease, however, regulatory and legal changes were made to the specifics of the use and cancellation of house arrest under martial law. Such changes are related to the list of circumstances that the investigating judge, the court is obliged to take into account when choosing a preventive measure. It is offered to group the following additional circumstances into blocks: 1) related to the operational situation in the city where the person's home is located; 2) related to the military duty of the suspect, the accused and his possibility of military service; 3) related to the need to maintain and protect persons under the care of the suspect, the accused, etc.
As a result of the analysis of court practice, it was found that courts often specify in the operative part of the court decision exceptional cases in which a person subject to house arrest can leave the home. It is argued that these exceptional cases are not mitigation of the conditions of house arrest and do not need to be specified in the court decision. It was established that in the event of a threat to the life and health of the suspect or the accused, or their family members, the latter may leave the home until the danger has passed. In other cases, if a person needs to leave the home, it is necessary to apply to the court with a corresponding petition.
It was determined that in conditions of a blackout and in cases where a person under 24-hour house arrest lives in a house alone, a different preventive measure than house arrest should be used, due to its ineffectiveness.
It has been proven that it is impractical to indicate in the decision on the application of house arrest the nearest shelters from the person's place of residence, to which the person can go in the event of an alarm. The investigating judge, the court during the consideration of the petition for the application of house arrest and the police officer who supervises compliance with the conditions of house arrest must explain in detail the right of the suspect or the accused to take personal security measures when there is a threat to his life and health.
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Markovicheva, Elena V. « Transformation of House Arrest as a Measure of Restraint in the Russian Criminal Process ». Pravosudie / Justice 5, no 3 (29 septembre 2023) : 140–53. http://dx.doi.org/10.37399/2686-9241.2023.3.140-153.
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Introduction. In the Russian criminal process, a system of measures of procedural coercion has historically taken shape. The leading place in this system is occupied by preventive measures aimed at ensuring the unhindered movement of criminal proceedings. But the application of preventive measures that restrict the freedom of the accused requires the participation of the court and additional guarantees. In the Russian criminal process, one such procedural security measure is house arrest. This article is devoted to the analysis of the evolutionary development of house arrest as a measure of restraint in the Russian criminal process. The study of the process of transformation of the relevant criminal procedural norms will contribute to the conceptual improvement of the system of preventive measures in Russian criminal proceedings. Theoretical Basis. Methods. The theoretical basis of the study was Russian and foreign scientific work in the field of criminal procedure law, devoted to both criminal proceedings in general and the specifics of the use of house arrest. The use of the formal legal method of research made it possible to identify patterns in the transformation of a measure of restraint in the form of house arrest. Results. The article reveals the main historical and modern trends in the legal regulation of the measure of restraint in the form of house arrest. The historical experience and individual changes and additions made to the Code of Criminal Procedure of the Russian Federation during the period of its validity are analyzed, the main directions for further scientific discussion regarding the legal regulation of the measure of restraint in the form of house arrest are outlined. Discussion and Conclusion. Although the preventive measure in the form of house arrest has shown sufficient effectiveness, there is a need to systematize the criminal procedure rules governing the choice of this preventive measure. The author believes that it is necessary to scientifically develop the issues of ensuring the rights of the accused under house arrest.
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Jackson, Quiana, et Antoine Lovell. « Angela J. Davis (2017). Policingthe Black Man : Arrest, Prosecution, and Imprisonment ». Policing : A Journal of Policy and Practice 14, no 2 (17 octobre 2017) : 557–59. http://dx.doi.org/10.1093/police/pax072.
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Kachalova, Oksana V. « House Arrest as a Preventive Measure in Criminal Proceedings : Features of Modern Assessment ». Rossijskoe pravosudie, no 10 (23 septembre 2022) : 69–72. http://dx.doi.org/10.37399/issn2072-909x.2022.10.67-72.
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The author, considering house arrest in the system of preventive measures in criminal cases, comes to the conclusion that house arrest is a relatively “mild”, but, nevertheless, a form of actual deprivation of liberty, is chosen only if there are the same grounds and conditions as detention. For detention and house arrest, the courts must apply the same grounds and conditions, assuming that there is sufficient evidence to believe that a person may abscond, obstruct the investigation, continue to engage in criminal activity; as well as the validity of the accusation of committing a specific crime, the impossibility of applying a milder preventive measure. House arrest may not be chosen arbitrarily in the absence of conditions and grounds for its application, even if there is a request for this by the defense.
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Agildin, Vladimir, et Elena Bodrova. « Punishment for Unauthorized Leaving of Military Unit or Place of Duty ». Academic Law Journal 23, no 2 (12 juillet 2022) : 170–78. http://dx.doi.org/10.17150/1819-0928.2022.23(2).170-178.
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The article is devoted to the types of punishment and the peculiarities of their execution for the crime under Article 337 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). It is noted that unauthorized leaving of service is a crime committed by a special subject – a serviceman. Responsibility for such an offense is a part of its status. Such types of punishment as arrest, imprisonment, as well as special types of punishment inflicted to the special subject of the crime in question are considered: detention in a disciplinary military unit, restriction on military service. Particular attention to the procedure for serving a sentence in the form of arrest at the guardhouse, detention in a disciplinary military unit is paid. The judicial practice of military courts in terms of imposing the penalties under consideration has been analyzed. According to the results of the study it is proposed to change the current legal regulation. It is advisable in the sanction of part 1 of article 337 of the Criminal Code of the Russian Federation to replace the arrest for up to 6 months with a disciplinary arrest for up to 45 days due to the fact that this act is committed by military personnel on conscription is not long, and arrest with a maximum period is quite severe punishment. It is also proposed to exclude part 2 of Article 337 of the Criminal Code of the Russian Federation and at the same time introduce these provisions into Article 313 of the Criminal Code of the Russian Federation, since the content in a disciplinary military unit is an alternative to imprisonment.
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Turner, Erin G. « Media, Criminal Injustice, and the Black Freedom Struggle ». Swarthmore Undergraduate History Journal 2, no 2 (2021) : 86–102. http://dx.doi.org/10.24968/2693-244x.2.1.7.
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Since the mid-20th century, media outlets have driven publicity for newsworthy events and shaped content for their receptive audiences. Commonly, massive movements seek publicity to attract attention and participation for protests, demonstrations, slogans, and unfortunate events. For instance, the black freedom struggle of the 1950s through the 1970s took advantage of their traumatic narratives of oppression to attract national and international attention. Many African Americans who experienced dastardly components of a racist criminal justice system were, in turn, earning respect and power from their freedom-seeking counterparts by commodifying the emotion that fueled black liberation efforts.[i] Media, therefore, became a tool for exposing the nation to racist law enforcement and legal action. Ultimately, black freedom struggle activists deployed media depictions of their policing, arrest, and imprisonment to be used as movement publicity, earning increased participation and advancing movement motives through this subsequent growing interest. [i] Colley, Zoe A. Ain't Scared of Your Jail: Arrest, Imprisonment, and the Civil Rights Movement. University Press of Florida, 2012. 4.
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Пальчикова, Н. В. « The procedure for applying a preventive measure in the form of house arrest ». Ius Publicum et Privatum, no 4(14) (3 mars 2022) : 113–17. http://dx.doi.org/10.46741/2713-2811-2021-4-113-117.
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В статье рассматривается соотношение понятий «применение домашнего ареста», «избрание домашнего ареста», «исполнение домашнего ареста», выделяются два этапа применения домашнего ареста в ходе расследования уголовного дела: избрание меры пресечения и исполнение меры пресечения. Также исследуются стадии избрания меры пресечения (досудебная и судебная), в процедуре исполнения меры пресечения делается попытка выделить четыре стадии: 1) подготовка органами предварительного расследования документов, необходимых для осуществления контроля за подозреваемым (обвиняемым); 2) постановка подозреваемого (обвиняемого) на учет в уголовно-исполнительной инспекции; 3) контроль за нахождением подозреваемого (обвиняемого) в месте исполнения меры пресечения в виде домашнего ареста; 4) снятие с учета подозреваемого (обвиняемого), в отношении которого избрана мера пресечения в виде домашнего ареста. The article examines the relationship between the concepts "application of house arrest", "election of house arrest", "execution of house arrest", distinguishes two stages of execution house arrest in the course of a criminal investigation: the choice of a preventive measure and the execution of a preventive measure. The stages of choosing a preventive measure (pretrial and judicial) are also considered, an attempt is made to distinguish four stages in the procedure for executing a preventive measure: 1) preparation by the preliminary investigation bodies of documents necessary to exercise control over the suspected (accused); 2) registration of the suspected (accused) with the criminal executive inspectorate; 3) control over the presence of the suspected (accused) in the place of execution of the preventive measure in the form of house arrest; 4) removal from the register of a suspected (accused), of whom a measure of restraint in the form of house arrest has been chosen
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Nega, Belayneh Berhanu. « Ethiopia’s Criminal Justice System relating to Children in Conflict with the Law : Interrogating the Legal Framework on Measures and Penalties ». Mizan Law Review 16, no 1 (30 septembre 2022) : 27–58. http://dx.doi.org/10.4314/mlr.v16i1.2.
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This article critically examines the provisions of the Criminal Code governing measures and penalties relating to children in conflict with the law in light of the principles of ‘detention or imprisonment as a measure of last resort’ and ‘for the shortest period’. The assessment shows that the Ethiopian criminal justice system does not adhere to the principle of ‘detention as a measure of last resort’ since corrective detention and home arrest are measures of first resort. Imprisonment on the other hand is a measure of last resort as it applies after the failure of the measures for the most serious crimes and if the child is incorrigible. The system is not designed to ensure full compliance with the principle of ‘detention or imprisonment for the shortest appropriate period’. The article also identifies lack of clarity in the provisions of the Code which can exacerbate the preceding problems. Therefore, the Criminal Code provisions need revision to adhere to the principles and must clarify the existing provisions.
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&NA;. « Surprising news about in-house cardiac arrest ». Nursing 36, no 4 (avril 2006) : 33–34. http://dx.doi.org/10.1097/00152193-200604000-00027.
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ELROD, PRESTON, et MICHAEL P. BROWN. « Predicting Public Support for Electronic House Arrest ». American Behavioral Scientist 39, no 4 (février 1996) : 461–73. http://dx.doi.org/10.1177/0002764296039004009.
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Gunn, Geoffrey C. « Indonesia in 2017 ». Asian Survey 58, no 1 (janvier 2018) : 166–73. http://dx.doi.org/10.1525/as.2018.58.1.166.
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In mass demonstrations spearheaded by a coalition of Islamic radicals, 2017 witnessed a polarizing assault on the nation’s broadly secular founding creed, Pancasila. With the arrest and imprisonment of the popular ethnic-Chinese Christian mayor of Jakarta on spurious blasphemy charges, even the Indonesian president was left on the back foot and obliged to push back.
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Huckle, Phil, et Tegwyn Williams. « Providing a forensic psychiatric service to Cardiff Prison ». Psychiatric Bulletin 18, no 11 (novembre 1994) : 670–72. http://dx.doi.org/10.1192/pb.18.11.670.
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The extrication of seriously mentally disordered offenders from all stages in the criminal justice system from arrest to imprisonment is a major role for both general and forensic psychiatry. A survey of inmates in Cardiff Prison referred to an ‘out-patient’ forensic psychiatric service held weekly is presented. An alarming number of referrals were patients with schizophrenia.
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Crosby, E. « Ain't Scared of Your Jail : Arrest, Imprisonment, and the Civil Rights Movement ». Journal of American History 100, no 4 (1 mars 2014) : 1283–84. http://dx.doi.org/10.1093/jahist/jau134.
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Ольга Георгиевна, Часовникова,. « House Arrest as a Preventive Measure in Criminal Proceedings of the Russian Federation ». ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no 4 (12 décembre 2022) : 194–200. http://dx.doi.org/10.26163/gief.2022.25.96.031.
Texte intégralRésumé :
В статье рассмотрены аспекты становления и современного функционирования такой меры пресечения, как домашний арест. Выявлены этапы развития домашнего ареста, дана их характеристика. Дан краткий анализ вопросов функционирования данной меры пресечения в настоящий период времени, особое внимание обращено на некоторые важны проблемные моменты при применении домашнего ареста. The article deals with the aspects of formation and modern functioning of house arrest as a preventive measure. The stages of the development of house arrest are identified with the characteristics of these stages being provided. A brief analysis is conducted with regard to the issues related to the performance of this preventive measure currently with particular attention being paid to some problematic issue arising while applying house arrest.
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Tyburcy, Tomasz, et Piotr Rogoziński. « Consequences of introducing the possibility of imposing an irreducible life sentence into the criminal code with regard to extradition and the execution of the european arrest warrant ». Ius Novum 17, no 4 (1 décembre 2023) : 91–107. http://dx.doi.org/10.2478/in-2023-0031.
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Abstract The Act of 7 July 2022, amending the Act – Criminal Code and certain other acts, introduced the possibility of imposing a sentence of life imprisonment without parole into the Criminal Code. The legislator provided for two grounds for the optional imposition of an irreducible life imprisonment sentence. The first (Article 77 § 3 of the Criminal Code) is based on formal grounds: a previous conviction for a specific type of crime (against life and health, freedom, sexual freedom, public security, or of a terrorist nature) to life imprisonment or imprisonment for a term of not less than 20 years. The second ground (Article 77 § 4 of the Criminal Code) operates on a substantive condition: the nature and circumstances of the act and the personal characteristics of the perpetrator indicate that the perpetrator’s remaining at liberty would pose a permanent danger to the life, health, freedom, or sexual freedom of others. This article posits that the provisions of Article 77 § 3 and 4 of the Criminal Code are incompatible with Article 3 of the ECHR, which prohibits torture and inhuman or degrading treatment or punishment. As a result of the introduction of this type of punishment in Polish law, we may unfortunately realistically expect other states to refuse to hand over individuals prosecuted for crimes punishable by such punishment or those already sentenced to such punishment.
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Gaebler, Johann D., Phoebe Barghouty, Sarah Vicol, Cheryl Phillips et Sharad Goel. « Forgotten but not gone : A multi-state analysis of modern-day debt imprisonment ». PLOS ONE 18, no 9 (13 septembre 2023) : e0290397. http://dx.doi.org/10.1371/journal.pone.0290397.
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In almost every state, courts can jail those who fail to pay fines, fees, and other court debts—even those resulting from traffic or other non-criminal violations. While debtors’ prisons for private debts have been widely illegal in the United States for more than 150 years, the effect of courts aggressively pursuing unpaid fines and fees is that many Americans are nevertheless jailed for unpaid debts. However, heterogeneous, incomplete, and siloed records have made it difficult to understand the scope of debt imprisonment practices. We culled data from millions of records collected through hundreds of public records requests to county jails to produce a first-of-its-kind dataset documenting imprisonment for court debts in three U.S. states. Using these data, we present novel order-of-magnitude estimates of the prevalence of debt imprisonment, finding that between 2005 and 2018, around 38,000 residents of Texas and around 8,000 residents of Wisconsin were jailed each year for failure to pay (FTP), with the median individual spending one day in jail in both Texas and Wisconsin. Drawing on additional data on FTP warrants from Oklahoma, we also find that unpaid fines and fees leading to debt imprisonment most commonly come from traffic offenses, for which a typical Oklahoma court debtor owes around $250, or $500 if a warrant was issued for their arrest.
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Abdullayev, Diyor. « LEGAL REGULATION OF HOUSE ARREST AS A PRECAUTIONARY MEASURE IN FOREIGN CRIMINAL PROCEDURAL LAWS ». Review of Law Sciences 6, no 3 (10 octobre 2022) : 97–109. http://dx.doi.org/10.51788/tsul.rols.2022.6.3./gtrf3787.
Texte intégralRésumé :
One of the priorities is the liberalization and improvement of criminal procedural legislation in the process of implementing judicial and legal reforms in our country. House arrest is seen by most legal scholars as a means of humanizing modern criminal politics and criminal justice. According to our national legislation, house arrest is a new legal institution concerning other precautions. Therefore, in order to find a rational solution to some problematic cases arising in the practice of applying the law, it is desirable to use scientific-theoretical in-depth study and positive experience of the views of foreign countries with extensive experience in the implementation of this precautionary measure. In this article, the author examines the legal regulation of the measure of house arrest on the basis of the norms of criminal procedural legislation of the Commonwealth of Independent States, the USA, and some European countries, in particular, the basis and conditions for the application of this measure, the types of restrictions imposed on a person by comparative analysis. Also, the scientific and legal aspects of issues related to the procedure for applying for house arrest are expressed through the views of foreign experts and legal scholars, and the essence is revealed, and in the summary section of the article, conclusions and suggestions on improving the national legislation on the home arrest precaution and the practice of its application are presented.