| Abstract [eng] |
This master’s thesis analyzes punishment as the state’s response to a criminal act committed by an individual. It emphasizes that in Lithuania, the imposition of sentences and the specifics of their enforcement are influenced by a, which views punishment solely as retribution or revenge rather than seeking to reintegrate the convicted person into society. Imprisonment is understood as a measure that has a detrimental effect on the convicted person and must therefore be applied only as a last resort. Alternatives to imprisonment are a tool of criminal law that allows for a more humane approach to the convicted person, avoiding reliance solely on retribution or a sense of revenge, and enabling a more consistent individualization of sentencing that would align with the principle of justice. The main focus of this master’s thesis is an analysis of the primary alternatives to incarceration in Lithuania, their effectiveness, content, advantages, and disadvantages. These include community service, fines, restrictions on liberty, parole, suspended sentences, and the possibilities of restorative justice. Alternatives to imprisonment help the convicted person to reintegrate into society, compensate the victim and society for the harm caused, reduce the risk of recidivism, and involve less administrative burden than imprisonment, among other benefits. Major disadvantages include legal regulations that do not comply with international standards or that prioritize punishment over rehabilitation, inconsistent application practices in individualizing sentences, the risk of expanding the surveillance network, a lack of infrastructure and cooperation among state institutions for the effective implementation of alternatives to incarceration, and so on. Alternatives to incarceration are not a panacea and have their flaws, but they are becoming an increasingly common tool of criminal justice that shows positive signs and benefits. |
