| Abstract [eng] |
The master thesis analyses the significance of the international law for the process of the Lithuanian penitentiary law by researching the theoretical and practical aspects of this influence. The topic is further explored by examining the influence of United Nations, Council of Europe conventions, European Union regulations, directives, decisions, and "soft law" of the United Nations and Council of Europe on the execution of penitentiary law in Lithuania. Furthermore, discussing the scientific point of perspective, the analytical reports from the United Nations Committee Against Torture and the European Committee for the Prevention of Torture, and other cruel, inhuman, or degrading treatment or punishment, as well as the international and Lithuanian court practice in this regard. The study revealed that Lithuania's legal regulation of the penitentiary law does not align with the provisions of the United Nations Convention on the Rights of the Child, as there is insufficient attention given to differentiating the conditions of sentence execution between minors and adults. There is a lack of emphasis on specific rehabilitation-oriented goals for the execution of juvenile sentences, and the provision allowing convicted women to raise their children up to the age of three, jeopardizes the interests of the child. Although Lithuania has been attempting to address the issue of prison conditions for many years, significant breakthroughs in this area have not been achieved. It is also recognized the lack of concepts focused on the resocialization of convicts, which, according to international standards, is the essential and only purpose of imprisonment. Therefore, it can be concluded that international standards reveal the meaning of respecting human rights in the execution of punishments. They address key issues and offer examples of good practice which could help to develop systems. The conclusions articulated in the master's thesis elucidate how the criminal policy of the Republic of Lithuania should be oriented to align with the international standards of the penitentiary law. |
