MODERN APPROACHES IN CONVICTS’ CLASSIFICATION TAKING INTO ACCOUNT THEIR SOCIAL DANGER DEGREE
Author (s): Bodnar I., Sheremeta O., Leonenko O.
Рабочее место :
Bodnar I.,
Ph.D. in Law, Associate Professor,
Head of the Department of Tactical and Special Training,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0003-4016-9276;
Sheremeta O.,
Ph.D. in Pedagogics, Vice-rector,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID 0000-0003-0939-3691;
Leonenko O.,
Senior Lecturer of the Department of Tactical and Special Training,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0002-9748-2469
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2022. № 1 (11): 42-52
https://doi.org/10.32755/sjcriminal.2022.01.042
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The article points out that today’s segregated system of holding convicts for
punishments related to deprivation of liberty in Ukraine, has been handed down to
us since the Soviet regime, so there is a need to rethink the very essence of this
system. It is also noted that today, when determining the criteria for separate
convicts’ detention, a legislator mainly takes into account gender, degree of
recidivism, severity of the committed criminal offense, types of committed criminal
offenses (such distribution is characteristic only for correctional colonies of the
maximum security level and is provided for by Article 140 of the Criminal Executive
Code of Ukraine), convicts’ age, etc. It is considered expedient to supplement the
classification system with such components (criteria) as: the type of criminal activity
and the degree of danger posed by a convicted person. The need for such changes is
outlined in international documents in the field of protection of convicts’ rights.
In particular, the maintained analysis of international documents in the
penitentiary field provided grounds for concluding that in order to ensure safe
conditions in penal institutions, it is necessary to comply with the following
requirements: as soon as possible after convict’s arrival at a penal institution, it is
necessary to obtain information about the convict’s state of health and determine the
appropriate level of security for the convict, the security threat they pose.
While determining the security threat, the following are taken into account: the
risk that the convict may pose to society by escaping (if this risk exists, it is determined
whether he will try to escape on his own, or will involve other convicts, representatives
of the administration, etc., as a part of a group or with external help).
Another aspect of examining convict’s identity is to find out whether they pose a
safety threat to other convicts, the administration of a penal institution or other persons
in the institution, and whether they are capable of self-harm and suicidal behaviour.
Key words: convicts, staff, penal institution, distribution of convicts, security
References
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