| Abstract [eng] |
The Master's thesis analyses the theoretical and practical problems of electronic monitoring of convicts by examining the legislation of the Republic of Lithuania, scientific publications and explanations given in case law practice. The paper examines the historical development of electronic monitoring as an institute during the analysis of changes in legal regulations and statistical data for the period 2012-2021. The essential changes related to the extension of this institute, which came into force on 1 September 2015 and 1 July 2020 with laws amending articles of the Criminal Code, the Penal Sanction Enforcement Code and the Probation Act. Drawing on various sources, the paper outlines the concept of electronic monitoring and identifies the general objectives of the whole institution of electronic monitoring. It is acknowledged that there is still no single and universally accepted definition of electronic monitoring of convicts, which leaves the state free to interpret this concept. The specifics of the legal regulation and procedure for the application of electronic monitoring of convicts in accordance with the latest versions of legislation, which have an impact on ensuring the smooth application of electronic monitoring of convicted persons, are presented. The paper analyses electronic monitoring through a system of its forms: as a precautionary measure in criminal proceedings, as a probation supervision measure and as one of the criminal penalties. Based on this analysis of the system of electronic monitoring forms, the following problems are identified in theory and in practice: the unrestricted use of intensive supervision, the non-counting of intensive supervision as part of the sentence, the vagueness of the legal provision and the criteria used by the court when imposing electronic monitoring. The ability of the person to comply with the intensive supervision and to comply with all the requirements laid down, as well as the inconveniences caused to the person during intensive supervision, such as the size of the electronic device, the comfort, the housing requirements, the psychological and emotional effect of wearing the electronic monitoring device, etc. |
