| Abstract [eng] |
The Master's thesis "Problems of Application and Execution of the Public Works Penalty" analyses the development of the public works penalty, its objectives, principles, and the use of work as a punishment. For this purpose, the work provides a coherent overview of various legislation, recommendations, case law and doctrine, with a focus on the recommendations of the Tokyo Rules. It also compares the regulations and practices of selected European Union countries on a case-by-case basis. Based on the view that the current legal framework for the application and enforcement of community service sentences can be improved, the paper further analyses the problematic aspects. The thesis highlights the problematic aspects of the application and enforcement of the public works penalty. The problems relating to the application of this penalty include a particular emphasis on the nature of public works and an analysis of the elements to be taken into account when choosing a job. It also examines the problem of obtaining the convicted person's consent and the related amendments to the law, and considers whether the number of hours of work to be assigned in Lithuania is proportionate, taking into account foreign practice and the employment status of the convict. The paper starts by analysing the problems of public works in the context of the control of the execution of the sentence, with a separate focus on the problems of avoidance of this sentence and the problems of the conversion of a penalty sentence into public works. Finally, attention is drawn to the requirements of international standards on insurance and compensation. The practice of applying and enforcing community service sentences on minors and the problems related to it are also analysed separately. |
