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Avrupa Konseyi Şartlı Tahliye Hakkında Sayılı Tavsiye Kararı

Avrupa Konseyi Şartlı Tahliye Hakkında Tavsiye Kararı

Recommendation No. 22 of the Committee of Ministers of the Committee of Ministers of the Council of Europe to Member States on Member States to Member States (2003); At the 853th meeting of the Ministers’ Delegates , it was adopted by the Committee of Ministers of the Council of Europe on 24.10.2003.

Recommendation No. 22 of the Committee of Ministers to the Member States on the Council of Ministers of the Council of Europe on Member States (2003) 22
Council of Europe Recommendation on Conditional Release
Pursuant to Article 15.b of the Council of Europe Statute. The Committee of Ministers,
Whereas it is in the interest of the member States of the Council of Europe to establish common principles for the execution of prison sentences to strengthen international co-operation in this area;
By ensuring that the parole is planned, assisted and supervised integration with the prisoner; Recognizing that it is one of the most effective and constructive tools in preventing re-offending and promoting reintegration into society;
Considering that parole should be used in accordance with personal circumstances and in accordance with the principles of fairness and justice;
Having regard to the fact that imprisonment caused a heavy burden on the society financially and had negative effects on the basis of research and failed to rehabilitate criminals;
Therefore, considering that the duration of the prison sentences was shortened as much as possible and that the sentence had not been withdrawn as a whole, it was an important tool for this purpose;
Recognizing that parole measures require support from political leaders, administrators, judges, prosecutors, lawyers and the community and therefore require a detailed explanation of the adaptation of prison sentences;
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Whereas the legislation and practice on parole should be in line with the European Convention on Human Rights and the case-law of the jurisdiction of the jurisdiction of the jurisdictions of the jurisdiction of the jurisdiction of the jurisdictions,
Recalling the European Convention on the Supervision of Convicted Persons (ETS No. 51);
– The delinquency. (65) No. 1 on the other alternatives to probation and confinement;
(70) Decree no.
(76) Decree no. 2 on the improvement of long-term prisoners; (76) 10 on the alternative measures of imprisonment;
(82) 16 of the Recommendation on the permission of the Ministry of Justice;
(87) 3 of the Recommendation on the European Prison Rules;
– Recommendation (89) 12 on education in detention;
– Recommendation (92) on European rules on civil penalties and measures;
(92) 17 of the Recommendation on coherence;
(97) Recommendation No. 12 of the personnel charged with the implementation of the measures and measures;
– Recommendation (99) 22 on overcrowding and increase in prison population;
Recalling the importance of the Recommendation Rec (2000) 22 on the development of the implementation of the European Rules on civil penalties and measures.
states:
  1. bring parole if they are not included in their legislation;
  2. the legislation contained in the annex of this recommendation, the legislation,
  3. 3. recommends that this recommendation and the accompanying explanatory note ensure that the memorandum is communicated to the greatest possible extent.
Annex to Recommendation R (2003) 22
 I. Definition of parole

1- parole for the purposes of this recommendation decision, early release of convicted prisoners under personalized post-evacuation conditions

2 – Parole is a public measure. Paragraph (92) 16 of the European rules on European penalties and measures on public penalties and measures has been included in the Recommendation Rec (2000) 22 on the development of the application of European rules on public penalties and measures.

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II. General principles

3. Parole should aim to assist prisoners in their transition from prison life into a lawful life in the community through post-evacuation conditions and surveillance and contribute to public safety and to reduce delinquency in society.

4.a – All prisoners, including those who have been sentenced to life in prison to support the reintegration of prisoners under the conditions to reduce the harmful effects of imprisonment and to secure the security of the external community, should be able to enjoy legal parole.

4.b – Where imprisonment periods are too short to permit parole, other means should be sought to achieve these objectives.

5- When the  prisoners begin to take their penalties, they can either take the minimum amount of time and benefit from the parole (this time is determined by the absolute time and / or the rate of penalty) and the criteria required to benefit from the parole (dık discretionary evacuation system lar) or absolute time and / or by completing a fixed period (uk mandatory evacuation system old) based on the rate of punishment.

6- The minimum or fixed time shall not be long enough to prevent the performance of the intended use by parole.

7. In cases where the personalized assessment, whose negative result is negative, will make a small change in the date of the release, the resources to be saved should be taken into account by applying the mandatory evacuation system.

8. In order to reduce the risk of re-offending by convicted prisoners, prisoners may be subject to the following personalized conditions:

– pay the compensation or meet the damage of the victim;

– being treated for drugs or alcohol use or other conditions which can be treated, which are clearly linked to the treatment of cold;

– participate in other approved work activities, such as training or vocational training;

– participate in personal development programs;

– being banned from visiting or visiting places.

9- The parole must be accompanied by supervision including assistance and supervision measures. The quality, duration and intensity of surveillance should be adapted to each individual situation. Corrections must be made during the parole period.

10- Conditions and the period of time for which the surveillance measures will be applied must be arranged in a way not to be disproportionate to the portion of the penalty that has not yet been drawn.

11- Conditions and surveillance measures which are not considered indefinitely should only be applied in accordance with the safeguards contained in Article 5 of the European Rules on public penalties and measures, as required by the Recommendation of Rec (2000) 22 and if strictly necessary for the protection of society.

III. Preparation for parole

12- Preparing for parole should be carried out in close cooperation with staff working in prison and personnel responsible for post-release surveillance and should be concluded before the end of the minimum or fixed period.

13 – Prison services should encourage prisoners to participate in training and vocational training courses that prepare themselves for community life with appropriate pre-release programs. In order to prepare prisoners for reintegration into society, certain methods, such as quasi-freedom, open regimes or temporary settlements, should be used as far as possible in the execution of sentences.

14- Preparing for parole should include support for the maintenance of relations with organizations, volunteers and organizations that can help the prisoners to adapt to the implication of the evacuation of prisoners with the prospect of maintaining or rebuilding their families and close relatives. For this purpose, different prison permits should be granted.

15- Early adoption of appropriate conditions and surveillance measures after evacuation should be encouraged. The possible conditions of the prisoners should be explained and discussed together with the possible help, the requirements of the audit and the possible consequences of the failure.

IV. Conditional Release Discrimination evacuation system

16- The minimum length of time that prisoners have to take to benefit from conditional release should be legally determined.

17- As soon as the prisoner has taken the minimum period of time, the authorities should initiate the necessary procedure to obtain the parole decision.

18- The criteria that the prisoners should have in order to be released under the condition must be clearly stated. It should also be realistic in terms of taking into account the personal and social conditions of the prisoners as well as the relevance of the resettlement programs.

19- The absence of an opportunity to work after eviction should not be a justification for the refusal or postponement of parole. Efforts should be made to find other jobs. The absence of a regular residence cannot be a reason to refuse or postpone the parole and temporary placement should be arranged in such cases.

20- Conditional discharge criteria should be applied in such a way that all prisoners who fulfill the minimum requirements for becoming a lawful citizen will benefit from parole. It is the responsibility of the authorities to show that the prisoner does not meet the criteria.

21- If the competent authority to make a decision does not issue a conditional decision, it must determine a date to re-evaluate the matter. In any case, the prisoners should be able to re-apply to the competent authority to decide, as soon as their circumstances change significantly in their favor.

Compulsory Evacuation System

22- The length of time the prisoners should be allowed to evacuate should be determined by law.

23- Deferral of discharge may only be possible in exceptional cases provided for in the law.

24- A new evacuation date should be determined in the decision to postpone the evacuation.

V. Conditions

25- When evaluating the conditions to be brought and the need for surveillance, the competent authority, the prisoners and the reports of the prison staff who know their personal conditions and the verbal statements The experts who are interested in post-evacuation or other persons who are aware of the social conditions of the prisoners should provide the necessary information.

26- The competent authority must make the decision to ensure that the prisoners understand the conditions, the assistance to be made, the need for supervision and the possible consequences if the conditions are not met.

VI.Study discharge implementation

27- The prisoners waiting to be evicted should be kept as close as possible to the conditions they will have in the community if they are to be postponed.

28- The implementation of parole and surveillance measures should be the responsibility of an enforcement authority on public penalties and measures under Articles 7.8 and 11 of the European Rules.

29- The application shall apply to the provisions stipulated in the relevant provisions of Articles 9 to I3 of the Recommendation No. 37/75 of the European Rules on public penalties and measures and the Recommendation Rec (2000) 22 on the development of the European Rules on the implementation of the European Rules on public penalties and measures should be regulated and dealt with in accordance with the necessary requirements.

VII. Failure to comply

30- The minor violations of the conditions brought shall be handled by the enforcement authority through advice or warning. Violations of a more serious nature should be immediately notified to the authority that made the possible cancellation decision. However, the authority in question should consider whether it is enough punishment to cancel further recommendations or warnings, stricter conditions or temporary interim periods.

31- In general, in case of failure to comply with the requirements set out in Article X of the European rules on public penalties and measures, and in accordance with the other relevant provisions in section X of those rules.

VIII. Procedural guarantees

32- Decisions on rescission or cancellation of conditional release or cancellation, as well as decisions on bringing or changing conditions and measures related to parole are taken by law in accordance with the procedures laid down in the guarantees below.

a- The convicted persons should be heard in person and should be able to get help in accordance with the law.

(b) The competent authority for decision-making must take into account all the elements which the convicts, including the statements, have in their favor,

c- Convicted persons should have access to case files,

d- Decisions should be stated in the main reasons and should be reported in writing.

33- Convicted persons should be able to complain to a higher independent and impartial authority determined by the law against the essence of the decision and non-compliance with the procedural safeguards.

34- Complaints concerning the implementation of parole should also be attainable.

35- All complaints procedures should be in accordance with the safeguards laid down in Articles 13 to 19 of the European rules on public penalties and measures.

36- 3 No provisions contained in paragraphs 32 to 35; in this context, to restrict or limit the rights guaranteed by the European Convention on Human Rights

IX. Methods for developing decision making

37- Promote the use and development of reliable risk and need assessment tools as well as other methods to assist in decision-making

38- With the contribution of experts in the field of law and social sciences and those who are interested in the restoration of prisoners who have been released on condition; Information sessions and / or training programs should be organized for those authorized to make decisions.

39- Steps should be taken to obtain a reasonable degree of consistency in decision making.

X. Information and advice on parole

40- Politicians, judicial authorities, decision-making and enforcement authorities, relevant university faculty and researchers should be informed and discussions should be made with them about the functioning of the parole and the introduction of new legislation and practice in this field.

41- The decision-making authorities must be informed about the number of convicts and the reasons for success or failure.

42-   Media and other campaign activities should be organized in order to make the public aware of the use of parole and its role in the criminal justice system. Any dramatic and public failure occurring during the parole period must be announced immediately. As such events will attract the attention of the media, the aim and positive effects of the parole should also be emphasized.

XI. Research and Statistics 

43- In order to learn more about the suitability of existing provisional evacuation systems and their further development, 1 evaluation and statistics should be collected to provide information on the functioning and activities of these systems in realizing the basic objectives of the parole.

44- In addition to the above-mentioned assessments, research on the functioning of the probation systems should be encouraged. The views, attitudes and impressions of the judicial authorities and the decision-making authorities, the enforcement authorities, the victims, the public and the prisoners should be included in this kind of research. The extent to which a prisoner’s compliance with community life and the development of a probation program should be examined and the implications for the imposition of punishments and measures on the execution of penalties.

45- The number of convicts benefiting from the parole, the duration of the related penalties and the duration of the offenses, the duration of the penalty, the number of cancellations, the number of cancellations and re-sentances and the socio-demographic histories of prisoners who have been released on condition that they should be kept. .

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