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Tomas Mackevičius

Abstract

This article discusses different periods of political—economic situations and philosophic—legal ideas in different advanced foreign countries, which determined the penal systems’ humanization and enabled creation and development of probation in these countries, in order to deduce and evaluate the term of probation, its content and concept that would meet the national (Lithuanian) context. It is noted that the pending probation term was formed in international practice as a result of the social and legal systems’ evolution in different foreign countries. The article deals with the probation term as an independent criminal punishment, as a separate criminal or penitentiary (punishment enforcement) legal institutions implementation, as an alternative to imprisonment realization, as work of certain punishment enforcement institutions, even as the various socio-educational measures application in criminal justice. Attention is drawn to the fact that modern science and advanced foreign practices have led to a sufficient variety in definitions of probation.

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Section
Articles