| Abstract [eng] |
In order to improve the system of the penitentiary in Lithuania and taking into account the case law, it is evident that punishment is being reduced. Probation has proved to be a suitable instrument for use as a conditional alternative to imprisonment. The application of the Probation Institute is intended to enable the perpetrator of an offence to avoid actual imprisonment without being isolated from society. There are two methods of probation, either by imposing a suspended sentence or by the release of the offenders on probation. This conditional alternative aims at effective social rehabilitation of convicted persons, believing that individuals will pursue their life goals in the future through legal means and means. For this reason, the purpose of this Master's thesis is to reveal probation implementation problems in Lithuanian penal law. The first section of the course, based on scientific and educational literature, introduces the concept of probation, its content and historical development, of course, discussing the aims of this institute. The second section of the paper, based on the doctrinal and judicial interpretation and examples of the application of various instances, reveals and analyzes probation problems, such as peculiarities and problems of execution of probation, social rehabilitation measures and their implementation, as well problems of relapse prevention, problems of application of electronic monitoring, problems of evaluation of probation effectiveness. Third section of the paper analyzes effectiveness and future of probation in Lithuania, based on scientific and educational literature as well as changes is laws. An analysis of legal doctrine and case-law leads to the conclusion that the application of suspended sentences or parole is only possible under certain conditions and grounds and in criminal cases the judgment depends on the particular situation and circumstances. In both cases, probation is aimed at the social rehabilitation of convicted persons and the reduction of recidivism, although expectations do not always meet expectations. In both cases, it is not only the offender who is in charge, but also the environment and the people who work with them. Electronic tracking tools are used for better results, but the practical application of these tools presents some challenges, such as gaps in the GPS signal, large investments, and inaccurate regulation. In conclusion, it is difficult to set boundaries for measuring the effectiveness of probation. Many questions arise when is probation considered effective? However, an analysis of probation in Lithuania suggests that effectiveness depends not only on non-achievement of goals, but also on episodic positive changes in the life of the convict. Legislative changes are expected to ensure the effestiveness of probation. |
