| Abstract [eng] |
According to the definition of penalty given by the Penal Code of Lithuanian Republic, the restriction of liberty is, logically and systemically, one of the penalties stated by Penal Law, which may be assigned by tribunal sentence to a person who committed crime. With this penalty the sentenced is charged by some obligations, duties and prohibitions which limit his behavior. The target of this penalty, is both to control and assist the sentenced. The Restriction of Liberty is pretty young in Lithuania, and with its appearance (in 2003) it has been covered the lack of middle severity penalties. This penalty is the only one which might depend on the attendant to the trial, which means that the court may sentence even non-codified obligations or prohibitions. The present work is divided in three main parts: the concept of Restriction of liberty, the path of execution and the discussion of its conditions and the review of the problems during the execution of the penalty. In the first part it is briefly discussed the purpose penalty of the restriction of liberty and the target of its execution, its collocation in the system of penalties, the cases in which it is applicable. It is to be remarked that since its introduction, the restriction of liberty it has been applied more and more frequently: since 2004, its application has more than doubled. Also it is discussed the essence of the restriction of liberty and the outcomes of incompliance to its prescriptions. T. Mackevičius distinguish two parts of the penalty: to every sentenced are applied both the general restrictions and some specific restrictions of liberty, peculiarly selected in relation with the circumstances of the single case. The court, sentencing prohibitions and/or obligations, can apply as many measures as it is deemed necessary, as long as they have a relation with the aim of the penalty and they do not limit the liberty of the sentenced more than required to obtain the desired effect on condemned. In this work, it is analyzed also the probation, its analogies and differences in comparison with the restriction of liberty; there is also a discussion regarding the restriction of liberty in the principal international acts. Moreover, taking into consideration the systems of non-custodial measures in some other Countries, it has been highlighted what could be implemented in Lithuania in order to improve the institute of restriction of liberty and its regulation. In the second part of this work, it has been investigated the regulation of the conditions and the procedures relevant to the penalty restriction of liberty at the present time, it has been dealt with the institutes which execute this penalty (mainly the institute which carry out the penalty are corrective inspections), their functions. It has been paid greatest attention to the analysis of the legal acts, which regulate the activity of the inspection of correction. In regard to the practice of foreign Countries, it has been presented the proposal of application of the simplest way of electronic monitoring, in order to facilitate the control of condemned. In the third part it has bee discussed the most frequent problems which the inspection officers who have to put in practice the penalty of restriction of liberty have to face, like the problem of measure of incentive and choice sanctions as well as the problem of consistency between the function of performance of social support and control. All along the work it has been focused the attention on the discrepancies among the regulation of penalty of restriction of liberty and the several relevant international juridical acts. |
