OBSERVANCE OF THE RULE OF LAW IN RELEASE FROM PUNISHMENT

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Published: Nov 30, 2022
Keywords:
observance of the rule of law, human rights, release from punishment, observance of the rule of law in release from punishment, European Court’s case law

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Oleksiy Gorokh

Abstract

The principle of the rule of law is one of the comprehensive principles of law, which means it is in particular found in the field of criminal law. The specifics of the rule of law in this field is that it shapes the systems of principles of different criminal law institutes (in particular, the institute of criminal offence, the institute of punishment, the institute of the release from punishment). It should be admitted that the institute of the release from punishment has not been given sufficient attention in the research papers. The paper defines principles of the institute of the release from punishment based on the principle of the rule of law. The research is focused on the analysis of the observance of the rule of law in law-making and law enforcement in regards of the core elements of the rule of law within the release from punishment. The case study of lawmaking and court decisions of different countries demonstrated the aspects that do not ensure: the access to law of the convicted and the victim when the release from punishment is considered; legal uncertainty in formulating legal acts about parole; human rights for those on parole for life-sentenced prisoners; the rights of victims when the release from punishment with probation is applied, in case of amnesty or severe disease. The result of the research is the basic ‘checklist’ for law-makers and law enforcers to observe the rule of law applying the release from punishment.

Article Details

Issue
Vol. 12 No. 4 (2022): The Lawyer Quarterly
Section
Articles

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