| Abstract [eng] |
Principles of penitentiary law and their significance The master thesis analyzes the general (legitimacy; equality of convicts in the application of penitentiary laws; humanism) and special (individualization of punishment; public participation in the process of correction of convicts; fair and progressive execution of sentences) principles of penitentiary law, their historical development, while analyzing significant legal acts, conclusions made by law scientists in doctrine, interpretations given in case law. The topic is mostly revealed by analyzing the practice of decisions of national courts, the ECtHR and the Seimas Ombudsman in the context of violations of principles of penitentiary law. Based on the opinions presented in the doctrine, this work reveals the main functions and significance of the principles of penitentiary law. This thesis analyzes the rights of convicts and violations of these rights, discusses the living conditions of prisoners in Lithuanian prisons and cases of violations of the principles of penitentiary law. The paper examines the problems of the principles of penitentiary law and discusses not only the historical development of the entry into force of these principles, but also the importance and relevance of ensuring these principles. This thesis has established that one of the essential functions of the principles of penitentiary law is that in case of a gap in the law, penitentiary institutions, bodies and officials have an established duty to act in accordance with the principles of penitentiary law established by the Penitentiary Code. It was also concluded that although the current Penitentiary Code has been harmonized with the European Convention on Human Rights, ECtHR judgments, European Union and international law, and that national regulation is sufficient in the context of principles of penitentiary law, there is still a lack of quality of implementation of certain principles in practice. |
