The necessary places for captive Russians: Ukraine has introduced a new type of punishment for bullies and rapists
The event will apply to criminals who do not pose a special danger to society.
In the list of crimes under which the court can prescribe the following supervision, the following crimes are: as well as the exploitation of children; coercion to sexual intercourse; forgery; poaching; public calls for a terrorist attack; abuse over the grave; import, manufacture, sale and distribution of pornographic objects; sowing or cultivation of sleeping poppy or hemp; illegal production, manufacture, purchase, storage, transportation or transfer of narcotic drugs, psychotropic substances or their analogues without the purpose of sale.
In the comment of the focus, the Chairman of the Verkhovna Rada Committee on Law Enforcement Activities Serhiy Ionushas notes that punishment in the form of probationary supervision is to restrict the rights and freedoms of the convicted person, determined by law and established by a court sentence, with the use of supervisory and social and educational measures without isolation 1 to 5 years for adults and for a term of 1 to 2 years for minors.
The law will come into force six months after its publication. During this period, the Cabinet of Ministers will prepare and adopt by-law regulations that regulate the implementation of the provisions of the law. "This Law makes changes to 150 articles of the Special Part of the Criminal Code of Ukraine, where in the sanctions of punishment in the form of arrest is replaced by punishment in the form of probationary supervision.
To execute this type of punishment will be authorized bodies of probation of the Ministry of Justice - they are already created and functioning in Ukraine - at the place - at the place The residence of the convicted person. In the case of evasion of the convicted person from serving this sentence, by court decision, probationary supervision may be changed to punishment related to the restriction of liberty, " - explains Ionushas.
According to a member of the Verkhovna Rada Committee on Law Enforcement, People's Deputy Alexander Bakuumov, in the Criminal Code of Ukraine, in fact, there were virtually two similar types of punishment - arrest (used for a term up to 6 months) and imprisonment (from one year to five years). For this reason, there was a need to replace the arrest with a new type of punishment. "We have introduced probationary supervision based on the practice of European countries.
The new law provides for the following: the court can only apply for servicemen as they serve punishment at the guardhouse. For other categories of crimes, which provided for such a punishment, a new option has emerged - probation. supervision. A person who has committed crimes not dangerous to society remains the subject of society. It will not be isolated.
It must periodically mark the authorized bodies, notify the change of their place of residence, work or study, and not to travel outside the country Without agreement, "says focus the People's Deputy. In addition, according to politicians, the court may oblige the convicted person to wear an electronic control, to establish supervision at his place of residence, as well as to limit in communication with specific people.
For example, if a man is accused of domestic violence, he may be banned from communicating with his wife. Ionushas adds that although probationary supervision may be appointed by the court for one to five years, the obligation to use an electronic control and supervision may be set by the court for a term of one month to one year. The court may also oblige the convicted person to take a job and take action under the probation program.
For example, if a person consumes alcohol or drugs, they can be referred for treatment. If the defendant problem with the psyche, due to depending on psychotropic substances, rehabilitation will be prescribed without fail. "I hope that the introduction of a new type of punishment will allow our citizens who have been" mistaken "and committed non -criminal offenses, understand the content of their act, to corrected and continue to be full and useful members of society.
The opportunity not to make a further fate, " - said Ionushas. In the explanatory note to the law, the deputies stated that one of the reasons why amendments to the Criminal Code of Ukraine should be made - the ability to optimize the pre -trial detention center and increase the places, in particular for the maintenance of prisoners of war.
According to Bakuumov, it is difficult to assume whether a new measure of punishment can significantly unload the system, but it is one of the possible steps in this direction. "I do not think that the courts will apply more probation and less than other punishment measures. As far as I know, we do not have problems with places for the maintenance of prisoners of war, and as a rule of law we fulfill all the obligations set out in the Geneva Convention," the People's Deputy notes .
Human rights activist Mikhail Romanov explains focus that there is a condition in international criminal law - prisoners of war cannot be kept with convicts. "Institutions for serving a sentence involve a large number of people, so there is a logic. However, prisoners of war are not criminals, and they cannot be in the same room with people who serve their sentences for committing crimes," the expert says. Probial supervision exists in many countries of the world.
Each state defines its peculiarities of the program. For example, in the Scandinavian countries of convicts, who, by court decision, are supervised, are sent to work on fishing vessels. In such circumstances, people who serve sentence can make money, communicate with society and are in isolation at the same time. "Isolation as a measure of punishment has discredited itself: it is expensive and does not reach the purpose of punishment.
In the case of probationary surveillance, the restriction is still under the control of law enforcement officers, there is an opportunity to respond to violations, but at the same time the convicted person remains in society, at liberty, works, works. He provides himself, "Romanov adds. The focus earlier wrote about how prisoners of war are kept in Ukraine. On average, about 10 thousand hryvnias are released per month per captive Russian.