| Abstract [eng] |
The Penalty of the Restriction of Liberty SUMMARY The restriction of liberty is the criminal penalty, which is imposed by the conviction to the person committed a crime or a penal transgression. The restriction of liberty is new, independent criminal penalty, which was started to perform since the 1 May 2003, after inuring of the new penal law. The restriction of liberty differs from the other criminal penalties, by which the freedom of the convict is restricted, by fact that while applying the penalty, the physical isolation of the convict from the society is not applied. The purpose of analysis of the master work is to reveal and estimate the rationality and efficiency of the penalty of the restriction of liberty, which is valid in the legal acts of Lithuania, considering the rules of the international and national documents, also the advanced legal regulation of the forms of probation of the foreign countries and the experience of its realization. This work analyzed: the purpose of the penalty and its kinds were disputed, the conditions of performing the penalty of the restriction of liberty; the competence of the institutions performing this penalty; the incentive means and punishments applied to the convict serving their sentence of the restriction of liberty; the absolution from the penalty of the restriction of liberty and the appointment of the means of the penal action; the application of penalty of the restriction of liberty to the under-age; the replacement of this penalty by the other penalties. The practice of application of the penalty of the restriction of liberty and the performed criminological analysis denied the dominant trust in the efficiency of the penalty of imprisonment and herewith proved that the forms of realization of the alternative penal responsibility (the forms of probation) are more effective than the imprisonment. |
