Background report: Policies on drugs in Bulgarian prisons

Author(s): Dimitar Markov,Maria Doichinova,Lyubomira Derelieva / Language(s): English

This report provides a snapshot of the situation of drug users in Bulgaria. As it is aimed to serve as a basis for comparative study on policies and practice towards drug users, particularly in prisons, in Bulgaria and Norway, it presents the country’s context – general information on the country and its criminal justice system, policy and legislation on drugs explaining what are the perimeters of drug restriction and what are the national policies towards drug use. This information is illustrated with statistics on crime rates and drug crime in particular. The report also investigates how court looks upon the fact that the accused are using or addicted to narcotic substances within the criminal proceedings and specifically on the type and the term of the sentence. Finally, it looks upon the sanctions available for drug users and their situation once sentenced to imprisonment – what treatment, rehabilitation and harm reduction programmes are available in different prisons.

Vulnerable Groups of Inmates. Country report - Belgium

Author(s): Nicola Giovannini,Malena Zingoni / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

Vulnerable Groups of Inmates. Country report - Bulgaria

Author(s): Dimitar Markov,Maria Yordanova,Miryana Ilcheva,Maria Doichinova / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

Re-socialisation of offenders in the EU: enhancing the role of the civil society (RE-SOC). Workstream 1: Imprisonment in Europe. Spain – country report

Author(s): Alejandro Forero Cuéllar,María Celeste Tortosa,Iñaki Rivera Beiras,Josep Maria García-Borés Espí / Language(s): English

The country background papers present information about the penitentiary system in Bulgaria, Belgium, Germany, Lithuania and Spain. The information includes: (1) legislation and other applicable regulations governing the penitentiary system; (2) structure of the system (types and number of facilities, location, management, etc.); (3) statistical data (prison population, capacity of penitentiary facilities, categories of inmates, budget, etc.); (4) studies and reports by domestic and international institutions and organizations dealing with prison-related issues; (5) additional information on the penitentiary system. The country background papers are based on the developed Methodology for data collection and analysis on the penitentiary system within the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative.

Съдебната реформа в България: Възможности за развитие на модерна система за регистрация

Author(s): Author Not Specified / Language(s): Bulgarian

The brochure was published for the workshop Reforming Judiciary in Bulgaria: Towards the Introduction of Modern Registration System held in September 2002. It contains the full text of the report on the opportunities for developing Central Register of Legal Entities and Electronic Registries Center in Bulgaria, developed by the CSD Task Force, presentation of the experience of Norway and other European countries as well as information on the operation of the European Business Register.

CSD Policy Brief No. 61: Употребяващите наркотици в затвора: опитът на Норвегия и предизвикателствата пред България

Author(s): Author Not Specified / Language(s): Bulgarian

For all criminal offences related to drugs, even for possession of small quantities intended for personal use, the main sanction according to Bulgarian criminal law is imprisonment. Unlike in Norway, non-custodial penalties in Bulgaria such as probation have extremely limited scope of application for drug-related offences. At the same time, other alternatives to imprisonment are virtually non-existent.

INDEX DE SURVEILLANCE DES CONDITIONS DE DÉTENTION. Méthodologie et résultats de l’application pilote

Author(s): Dimitar Markov,Maria Doichinova / Language(s): French

International organisations, national governments and human rights NGOs exercise various types of monitoring of the penitentiary systems. In order to quantify their results, there are some generally accepted indicators (such as the number of inmates per 100.000 citizens), but in many specific areas like healthcare, employment, security and safety, such indicators have never been applied. Therefore, those monitoring efforts will substantially benefit from an instrument capable of supplying comparable and easy-to-use data on the situation in prisons. To address this need, the Center for the Study of Democracy, in cooperation with the Dortmund University of Applied Sciences and Arts, the Observatory on the Penal System and Human Rights with the University of Barcelona, the Law Institute of Lithuania and Association Droit au Droit, developed a Prison Conditions Monitoring Index (PCMI) – a system of indicators translating into comparable figures the situation in different prisons. In the end of 2014, the PCMI was piloted in several prisons in Bulgaria, Germany and Lithuania to test its operability and analyse the potential use of the results it generates. The present report elaborates on the methodology underlying the PCMI and offers a summary of the results of its pilot implementation. It is intended for a broad audience of readers including policy makers, prison staff, lawyers, social workers, academics and NGOs interested in the topic of prison monitoring.

Институционални индикатори за управление на делата в наказателното правосъдие

Author(s): Author Not Specified / Language(s): Bulgarian

The present white paper summarises the main findings of the Justice Sector Institutional Indicators for Criminal Case Management study. It puts forward the main problems which EU countries face in measuring justice system performance – there is no single assessment model and many countries are still in the experimental phase. Besides the legal accountability mechanisms courts tend to be a subject of managerial accountability. Despite the different approaches followed by the studied EU member states and the lack of a leading assessment methodology, certain indicators as caseload, duration of the procedure, available resources per number of cases can be distinguished as best practice.

Social Identity of Prison Service Officers as a Dispositional Group

Author(s): Marta Kierska / Language(s): English Publication Year: 0

Безусловното осъждане на „условното осъждане”

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian Publication Year: 0

The report explores the meaning of the term „conditional sentencing “. The established understanding of the term is to mean suspended execution of imposed punishment. Major part of the survey focuses on the conflict between the implied meaning that the term linguistically brings up of purely conditional and even missing element of a punishment itself and the true legal nature of this important Criminal law institute. The paper further discusses some of the legal consequences for the so called „conditionally convicted persons“ that give ground to assert that what we have is a clearly penal treatment. The report draws attention to the conclusion that the state makes use of the suspended sentence as a tool to enforce its corrective and preventive criminal law policy.

6284 Sayılı Kanun Kapsamında Tedbir Kararlarının Verilmesi Ve Uygulanmasına İlişkin Usul Ve Esasların Değerlendirilmesi

Author(s): Simge Aksu Kayacan / Language(s): Turkish Publication Year: 0

Within the scope of Law No. 6284, it is possible to take a protective cautionary decision with regard to the persons who are protected and a preventive cautionary decision with regard to the perpetrator of violence. The followings are the persons protected within the scope of this Law; the women, the children, the family members and the victims of stalking who have been subject to the violence or at the risk of violence. The followings are the authorities that can take a cautionary decision; the judge of family court, the administrative chiefs and law enforcement officers. The judge of family court can take both protective and preventive cautionary decisions, the administrative chiefs can only take a protective cautionary decision. In cases where delay is considered to be risky, the law enforcement officers can take some of the the protective cautionary decisions identified within this Law which can be taken by the administrative chiefs and some of the preventive cautionary decisions which can be taken the judge. The cautionary decision can be taken for the victims and perpetrators of violence within the scope of this Law upon request or ex officio. The cautionary decision can be taken for a six month period at most initially. No evidence or report providing violence is required in order to take a cautionary decision. The fact that the cautionary decision haven’t been pronounced or notified to those concerned does not constitute an impediment to implement the decision. With regard to the perpetrator of violence who acts contrary to the requirements of the preventive cautionary decision, the preventive imprisonment is ruled by a judicial decision even if the act constitutes crime. In each recurring action contrary to the requirements of the cautionary decision, the period of the preventive imprisonment is increased. But the total duration of the preventive imprisonment shall not exceed six months. The judge has no discretion with respect to decide on the preventive imprisonment in the event of violation of the cautionary decision. In order to decide on the preventive imprisonment, the cautionary decision must be pronounced or notified to the perpetrator of violence including the legal warning stating that in case of acting contrary to it the preventive imprisonment in respect to him will be issued. The cautionary decisions and decisions regarding to the preventive imprisonment may be appealed to the family court by the relevant persons. The decisions on appeal are final. In this paper, it is aimed to examine and evaluate the issues of making and implementing the cautionary decisions, acting contrary to the cautionary decisions, appealing against the cautionary decisions and the decisions regarding to the preventive imprisonment by making use of relevant legislation, scientific studies and judicial decisions, besides addressing and offering solutions to the problems encountered.

Providing Material and Financial Resources for the Social Reintegration Process

Author(s): Dorian CHIRIȚĂ / Language(s): English Publication Year: 0

Compliance with Article 3 of the European Convention on Human Rights, ie the prohibition of torture and inhuman or degrading treatment, entails, inter alia, the provision of appropriate conditions of detention. In order to be considered as suitable conditions for the accommodation of persons deprived of their liberty, it is necessary to ensure, in an optimal way, an accommodation capacity according to the number of detainees in the respective detention rooms, as well as decent material conditions. As regards the Romanian penitentiary system, it has undergone numerous legislative changes recently, in line with the imperative to comply with European and international standards in the field and has resulted in an improvement in the treatment of persons deprived of their liberty and conditions of detention, as well as the increase of the institutional capacity, so that it can be seen that at present the cases in which Romania is condemned to Cedo are more and more rare.

Resocjalizacja skazanych z niepełnosprawnością intelektualną w stopniu lekkim z perspektywy dozoru kuratorskiego

Author(s): Karolina Goede / Language(s): Polish Publication Year: 0

In Poland, the function of social rehabilitation for convicts with intellectual disabilities is implemented by both: the penitentiary and probation system. In prisons there are therapeutic departments adapted to the needs of prisoners’ disabilities. In community supervision, methodology of working with offenders with intellectual disabilities is not regulated by any procedures. This paper presents results of a research focused on the probation service supervision of offenders with mild intellectual disabilities. Difficulties in implementing social rehabilitation tasks, methodology of probation officers’ work, as well as legislative proposals that may improve the probation system in Poland for offenders with mild intellectual disabilities are indicated. The study is based on qualitative methods using the focus panel method. The research group are probation officers for adults from the District Court for Bydgoszcz. The data is analyzed using legal provisions regulating probation service, as well as selected theories and concepts of special education and social rehabilitations of convicts.

Казна доживотног затвора као кривичноправни инструмент реакције на криминалитет(оправданост или не?)

Author(s): Ljubana Sladić / Language(s): Serbian Publication Year: 0

The paper discusses life imprisonment as one of the most debatable and controversial types of criminal sanctions. Criminal sanctions are criminal law instruments of response to crime. Whether this type of criminal sanction justifiably has its place in the system of criminal sanctions, whether the arguments for or against it prevail, whether they exist and what the mechanisms for reviewing the same may be, are the questions that the author of this paper deals with.

Узроци, последице и изазови старења затворске популације

Author(s): Vladimir V. Veković,Violeta V. Ćulafić / Language(s): Serbian Publication Year: 0

The aging of prison population is a planetary phenomenon that should be observed in the context of the accelerated aging of the total population at the turn of the 2nd and 3rd millennium. Also, the increase in number of elderly prisoners resulted partly from the changes on the legislative level, as well as in the area of criminal prosecution and sentencing. Namely, with the aim of more successful control of crime, in 1980s and 1990s in the USA (and later in other parts of the world) an approach was promoted that involves the adoption of stricter laws, the prescription of high special minimum prison sentences for numerous crimes, the impositions of long sentences and restrictive enforcement, early release, introducing the practice of sentencing returnees convicted of a third serious crime to life imprisonment without the possibility of parole (three-strikes and you're out), etc. Given that prison sentences, if they are imposed en masse and last unreasonably long, result in the aging of the prison population (silver tsunami) and a series of unfavorable social, ethical, health and economic consequences, the awareness of the necessity of articulating a new paradigm of combating criminality has gradually matured, This qualitatively different approach includes more frequent application of alternative sanctions, reduction of incarceration, revision of harsh practice of imposing long sentences and easier approval of parole and compassionate release of older prisoners (back-door strategy) who do not pose a high security risk. Along with the development of policies and strategies to reduce the incarceration of the elderly, it is necessary to design and implement action programs aligned with their specific needs, as well as the highest international standards. This will make the prospects for re-socialization and social reintegration of the members of this vulnerable group much more realistic, and at the same time relieve the prison systems which, due to the numerous problems they have faced during the last decades, are on the verge of collapse.

Muhasebe Tarihi Bakış Açısı ile Orta Assur Kanunları

Author(s): Ali Apalı / Language(s): Turkish Publication Year: 0

Legal texts are documents that aim to ensure that the society lives in peace. In addition to the social issues in these documents, it is also known that there are a large number of regulations on economic issues. Especially in the texts of laws in Mesopotamia, where the first written laws were encountered throughout history, articles of economic life were found. From this point of view, the laws determined were examined. As a result of the examinations, Assyrian laws have been the subject of this study. It is aimed to reveal the economic articles in the articles of this law and the findings related to the history of accounting from these economic articles, to bring these findings to the literature within the scope of accounting history studies and to contribute to the approach of the lawbooks with an accounting field view. In line with the subject and scope of the study, firstly, a brief will be given about the Middle Assyrian Laws. Dr. Mebrure TOSUN and Assoc. The articles taken from Kadriye YALVAÇ's work "Sumerian, Babylonian, Assyrian Laws and the Ammi-Shaduga Edict" are given directly, and the findings that directly or indirectly lead to accounting in the content of these articles will be pointed out.

JE VOUS ACCUSE DE LA MORT DE MON MARI

Author(s): Petr Chudozilov,Oldrich Unger / Language(s): French Publication Year: 0

Le samedi 6 avril, un inconnu téléphone à la rédaction de « Literami Listy » : « Ici le prisonnier de la cellule n° 46. Le médecin qui administrait aux détenus des stupéfiants s'appelle Sommer. Quelques jours avant le XIIIe Congrès, il fut exclu de la police, et maintenant, à ce qu'on dit, il travaille quelque part à Vysocany comme médecin du travail. Description : le cheveu rare, calvitie sur le front, corpulence massive, mesurant un mètre soixante-dix environ. Il a travaillé dans les services de la police d’Etat à Prague avec le grade de colonel. Son collaborateur, devenu par la suite son supérieur, était l'ingénieur Vratislav Podzemsky qui occupe actuellement le rang de colonel. Son secteur de travail concernait les substances chimiques. Il était connu comme protégé d'Antonin Novotny. Si quelqu’un souhaite d'autres renseignements, passez une annonce dans « Literarni Listy » pour demander au détenu de la cellule n° 46 de se mettre en contact avec la rédaction. »

VISOKORIZIČNI ZATVORENICI IZ UGLA SIGURNOSTI

Author(s): Mujo Trebović / Language(s): Bosnian Publication Year: 0

In criminological and penological theory and practice, prisoners who represent a threat or a real source of danger for other prisoners, employees and themselves are considered high-risk. Under danger is understood both the endangering of physical integrity and existence as well as the assumption of escape, destruction of inventory, attacks on visitors and convicts who for any reason pose a risk to the community after serving their sentence. Very often in treatment programs, work with high-risk convicts is based solely on the security aspect, on guarding and preventing escape, self-harm and attacks on another person. It is precisely for this reason and the aim of this paper is to point out the complexity of working with this category of prisoners, as well as the operational procedures that are important during serving a prison sentence.

Рад у јавном интересу - нормативни приказ и прилике у Србији

Author(s): Milica Kovačević,Saša Atanasov / Language(s): Serbian Publication Year: 0

One of the dominant trends in the criminal law reaction in the modern era is the existence of the broadest possible range of criminal sanctions, which are primarily intended to substitute short-term prison sentences with appropriate alternatives, mainly to avoid several negative consequences associated with the institutionalization. Thus, among the alternative sanctions, the punishment of work in the public interest/community service occupies a prominent place. Community service was introduced into the Serbian criminal legislation in 2006. However, even today, according to relevant statistical data, this punishment does not occupy a significant place among the implemented criminal sanctions. The question arises as to what reasons contribute to such a state of affairs. Some of the problems can be related to the lack of personnel and technical resources, and others to the existence of certain prejudices among the convicted persons and the public. Therefor, the paper is devoted to analyzing the positive legal framework related to the alternative sanction of community service in Serbia, as well as summarizing the factual situation regarding the application of this criminal sanction. The conclusion is that adequate measures have yet to be taken in order to popularize the punishment of work in public interest. Normative-logical, comparative, and the method of descriptive statistics were applied. The goal of the work is to highlight recommendations for the improvement of some future normative solutions. The authors recommend that the law be amended by enabling a broader application of community service order. At the same time, they advocate for the popularization of community service and other forms of alternative sanctions not only among professionals and scientists but also among the general public.

ПЕНИТЕНЦИЈАРНИОТ СИСТЕМ ВО РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА НИЗ ПРИЗМАТА НА ИЗВЕШТАЈОТ НА КОМИТЕТОТ ЗА ПРЕВЕНЦИЈА ОД ТОРТУРА: ПОТРЕБА ОД ИТНИ РЕФОРМИ

Author(s): Aleksandra Gruevska Drakulevski / Language(s): Macedonian Publication Year: 0

In the paper, the author analyses the characteristics of the North Macedonian penitentiary system, the position of prisoners de jure and de facto, and the protection of the rights of prisoners through the prism of the last highly critical report of the Committee for Prevention of Torture and points to the need for urgent reforms of the penitentiary system in the Republic of North Macedonia. The author concludes that the penitentiary system in Macedonia has the features of a modern system. It is one of the penitentiary systems that fully incorporates the Nelson Mandela Rules, the Revised Standard Minimum Rules for the Treatment of Prisoners and the European Prison Rules in the Law on Execution of Sanctions. But the system de facto faces serious weaknesses. Also, the author disputes the question why prisoners in such conditions of the penitentiary system do not require judicial protection of their rights. Also, the author emphasizes the need for systematic research on the protection of prisoners’ rights using legal means, such as, legal advice and legal means of convicted persons and the right to appeal to international bodies.