Disciplinary process in penitentiary institutions of Lithuania, France, Canada
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Abstract
Not long ago methods applied to maintain discipline and disciplinary punishments in penitentiaries hardly attracted the attention of the society, however, the situation started changing during the last years. The states started paying more attention to penitentiaries as well as to the processes taking place inside.
The article analyzes the disciplinary process in penitentiaries. The aim of the article is to analyze and compare the disciplinary process existing in the penitentiaries of Lithuania, France, Canada, their advantages and disadvantages, to analyze the rights of the parties of the disciplinary process, present the concept of the disciplinary process in penitentiaries.
The first point analyzes the conception of the disciplinary process in penitentiaries. The author provides his concept of the disciplinary process in penitentiaries, distinguishes the stages of the disciplinary process. It is analyzed what advantages and disadvantages each of the disciplinary process in Lithuania, France, Canada has, which one better ensures the possibilities of the convict to the fair trial, the possibility to receive the lawyer’s assistance.
The author thinks, evaluating the tendencies of the last years in the field of penalty execution, the disciplinary process in the penitentiaries becomes more objective and clear, the function of penalty prescription moves from the range of the heads of the penitentiary to the competence of the Disciplinary Commission.
After analyzing of the disciplinary process in Lithuania, France, Canada the hypothesis brought in the article confirms that the variety of the disciplinary processes in those countries provides different possibilities to the procedural warranties of the convicts during the disciplinary process.
In the end of the thesis there are conclusions and suggestions. The author offers, improving the law base of the field of the Lithuanian penalty execution, a certain list of disciplinary violation actions as well as certain sanctions for the disciplinary violation, i.e. in what cases a certain sanction could be applied, should be made. As well as to establish the term, which ensures a possibility to the convict to prepare for defense during the disciplinary process properly.
The article analyzes the disciplinary process in penitentiaries. The aim of the article is to analyze and compare the disciplinary process existing in the penitentiaries of Lithuania, France, Canada, their advantages and disadvantages, to analyze the rights of the parties of the disciplinary process, present the concept of the disciplinary process in penitentiaries.
The first point analyzes the conception of the disciplinary process in penitentiaries. The author provides his concept of the disciplinary process in penitentiaries, distinguishes the stages of the disciplinary process. It is analyzed what advantages and disadvantages each of the disciplinary process in Lithuania, France, Canada has, which one better ensures the possibilities of the convict to the fair trial, the possibility to receive the lawyer’s assistance.
The author thinks, evaluating the tendencies of the last years in the field of penalty execution, the disciplinary process in the penitentiaries becomes more objective and clear, the function of penalty prescription moves from the range of the heads of the penitentiary to the competence of the Disciplinary Commission.
After analyzing of the disciplinary process in Lithuania, France, Canada the hypothesis brought in the article confirms that the variety of the disciplinary processes in those countries provides different possibilities to the procedural warranties of the convicts during the disciplinary process.
In the end of the thesis there are conclusions and suggestions. The author offers, improving the law base of the field of the Lithuanian penalty execution, a certain list of disciplinary violation actions as well as certain sanctions for the disciplinary violation, i.e. in what cases a certain sanction could be applied, should be made. As well as to establish the term, which ensures a possibility to the convict to prepare for defense during the disciplinary process properly.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
