Legal Development Prospects of Penitenciary System in Lithuania

Abstract

One of the legal institutions of the punishment realization, i.e. the probation release, is investigated in the article from the legal comparative point of view. The article covers the legal relations, appearing as the result of application of the probation (setting and realization) towards the imprisoned convicts. The norms of the international and national juridical acts on the punishment realization, which regulate the probation, and the juridical doctrine of the punishment realization, brought forward by Lithuania and foreign countries, is analyzed in the present article. The misunderstandings within the practices of imposition and execution of probation result in continuous discussions on the factual influence of the said institution to the development of social behaviour of the convicted person. The process of execution of probationary release must be directed towards the management of the risk of repeated criminal behaviour of the convicted person and neutralizing of criminal factors, however the existing structure of legal regulation does not provide a possibility to reach the said objectives. This shows one of the main deficiencies of criminal justice of Lithuania – a frequent and sustained application of imprisonment.