Recidivism risk assessment in the context of Evidence-Based Practice

The aim of this paper is to present the effectiveness of correctional programmes, which were made in the context of what works. The usage of scientific knowledge in the field of recidivism assessment is the main postulate of the what works movement. Based on scientific evidence, the R-N-R (Risk-Need-Responsivity) programme was constructed.

Comparative analysis of system implementation punishments of Spain and Ukraine

In this article the analysis of penitentiary system of Spain, based on the received material by results of a visit of the working group of the Ministry of Justice of Ukraine for the purpose of exchange of experience and establishing cooperation in the penitentiary sphere. Relying on the information provided by the management of governing bodies of penitentiary institutions, personnel of the polyvalent penitentiary centres, bodies of police, non-governmental organizations and on the results of own observations it is studied the structure of bodies and institutions which carry out the punishments established by court. The order of execution of punishments, connected criminals, with isolation from society is defined. It is established special peculiar features of criminal and executive policy of Spain. It is carried out the comparative and legal analysis of systems of bodies and institutions of execution of punishments of Spain and Ukraine, separate differences are defined, it is structured a chain of command by penitentiary institutions, their submission, a procedure of non-departmental control of their activity, and preventive mechanisms of violation of the rights of the convicted persons. It is defined the Types of institutions and local structural sites according to the content of the isolating regime actions which are applied. The analysis of criminogenic list of convicts, their age structure is carried out. It is established the components of efficiency of process of performance of criminal penalty in the form of imprisonment for a certain term, the organizations of social and educational work by introduction of the correctional programmes of their behaviour consisting in implementation of influence taking into account features of mental, psychological, emotional state of everyone’s of the convicted person, its educational level and requirements. It is carried out the analysis and generally functional orientation and the main objectives of penitentiary institutions of Spain, features of ensuring protection and supervision of convicts in the polyvalent penitentiary centers. It is established efficiency and universality of functioning of the polyvalent penitentiary centers of Spain of the latest sample. The author reasonably substantiates the expediency of introduction of separate elements of techniques of social and educational work with convicted of Spain in Ukraine, in particular the correctional programmes of behaviour of the convicts focused on specific features and needs of everyone’s of the convicted person.

Zasada podmiotowego traktowania skazanych w kodeksie karnym wykonawczym z 1997 roku

During the work on the draft of the 1997 Code of the Execution of Penalties (CEP) much attention was paid to the principle of the treatment of sentenced persons, and particu-larly those serving prison sentences, as subjects. In the Polish penological literature two dimensions of that principle were indicated. The first one referred to the strengthening of the sentenced person’s position in relation to enforcement authorities by means of precise regulations concerning his/her legal status and effective mechanisms for the protection of his/her rights. The second dimension meant the abandonment of forced rehabilitation and providing sentenced persons with the ability to decide freely whether they wanted to partici-pate in correctional interventions. Undoubtedly, the 1997 CEP strengthened the legal status of a sentenced person. As regards the abandonment of forced rehabilitation, the legislator chose a compromise solution according to which the participation in correctional interven-tions was, as a rule, voluntary, but in some cases it was mandatory. Like in other countries, in Poland in the last decade the idea of the public protection against crime played an in-creasingly important role in the criminal policy. In the criminal justice system focused on risk management, the treatment of sentenced persons as subjects requires providing them with reliable information on the possible consequences of their decisions concerning the participation in offered correctional activities. Additionally, it requires providing them with adequate access to empirically proven correctional programmes as well as introducing a transparent system of risk assessment and monitoring during the execution of the imposed penalty or penal measure.