How to make more humane life imprisonment ("lock up and throw away the key" concept): On the examples of Italy and the Netherlands
The author criticizes the concept of whole life sentence from the aspect of the European standards of protection of the rights of persons deprived of their liberty. The aim of the paper is to contribute scientific critique of new solutions on life imprisonment in Serbian Criminal legislations, becau...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Institute of Comparative Law, Belgrade
2022-01-01
|
| Series: | Strani pravni život |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2022/0039-21382203403M.pdf |
| _version_ | 1811190844681617408 |
|---|---|
| author | Mrvić-Petrović Nataša V. |
| author_facet | Mrvić-Petrović Nataša V. |
| author_sort | Mrvić-Petrović Nataša V. |
| collection | DOAJ |
| description | The author criticizes the concept of whole life sentence from the aspect of the European standards of protection of the rights of persons deprived of their liberty. The aim of the paper is to contribute scientific critique of new solutions on life imprisonment in Serbian Criminal legislations, because the life imprisonment was introduced in 2019, but the conditions on serving the sentence are not prescribed. Conditional release of convict for certain serious crimes are forbidden. On the contrary, the relevant acts of the Council of Europe and the decisions of the European Court of Human Rights (ECHR) show that the principle of social reintegration of offenders must be ensured in the national enforcement system, otherwise there is a risk of violating Art. 3 of the European Convention. The state has an obligation to include lifelong prisoners in prison rehabilitation programs, as well as establish and use mechanism to reduce sentences. Using examples from Italy and the Netherlands, the author examines the circumstances due to which the standards of ECHR of execution of life imprisonment in those countries have not been reached. In that way, the attention of the legislator in Serbia is drawn to the fact that the principle of effective offender's rehabilitation (also his right of rehabilitation) must not be neglected even when the crime needs to be reacted to the strongest sanctions, with a lifelong imprisonment. |
| first_indexed | 2024-04-11T14:56:07Z |
| format | Article |
| id | doaj.art-65b3d37811c34d4cbeba8109935526bf |
| institution | Directory Open Access Journal |
| issn | 0039-2138 2620-1127 |
| language | English |
| last_indexed | 2024-04-11T14:56:07Z |
| publishDate | 2022-01-01 |
| publisher | Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Strani pravni život |
| spelling | doaj.art-65b3d37811c34d4cbeba8109935526bf2022-12-22T04:17:14ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272022-01-012022340342810.56461/SPZ_22304KJ0039-21382203403MHow to make more humane life imprisonment ("lock up and throw away the key" concept): On the examples of Italy and the NetherlandsMrvić-Petrović Nataša V.0Instituta za uporedno pravo, Beograd, SerbiaThe author criticizes the concept of whole life sentence from the aspect of the European standards of protection of the rights of persons deprived of their liberty. The aim of the paper is to contribute scientific critique of new solutions on life imprisonment in Serbian Criminal legislations, because the life imprisonment was introduced in 2019, but the conditions on serving the sentence are not prescribed. Conditional release of convict for certain serious crimes are forbidden. On the contrary, the relevant acts of the Council of Europe and the decisions of the European Court of Human Rights (ECHR) show that the principle of social reintegration of offenders must be ensured in the national enforcement system, otherwise there is a risk of violating Art. 3 of the European Convention. The state has an obligation to include lifelong prisoners in prison rehabilitation programs, as well as establish and use mechanism to reduce sentences. Using examples from Italy and the Netherlands, the author examines the circumstances due to which the standards of ECHR of execution of life imprisonment in those countries have not been reached. In that way, the attention of the legislator in Serbia is drawn to the fact that the principle of effective offender's rehabilitation (also his right of rehabilitation) must not be neglected even when the crime needs to be reacted to the strongest sanctions, with a lifelong imprisonment.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2022/0039-21382203403M.pdfwhole life imprisonmentlife imprisonmenttorture and inhuman treatmentconditional release |
| spellingShingle | Mrvić-Petrović Nataša V. How to make more humane life imprisonment ("lock up and throw away the key" concept): On the examples of Italy and the Netherlands Strani pravni život whole life imprisonment life imprisonment torture and inhuman treatment conditional release |
| title | How to make more humane life imprisonment ("lock up and throw away the key" concept): On the examples of Italy and the Netherlands |
| title_full | How to make more humane life imprisonment ("lock up and throw away the key" concept): On the examples of Italy and the Netherlands |
| title_fullStr | How to make more humane life imprisonment ("lock up and throw away the key" concept): On the examples of Italy and the Netherlands |
| title_full_unstemmed | How to make more humane life imprisonment ("lock up and throw away the key" concept): On the examples of Italy and the Netherlands |
| title_short | How to make more humane life imprisonment ("lock up and throw away the key" concept): On the examples of Italy and the Netherlands |
| title_sort | how to make more humane life imprisonment lock up and throw away the key concept on the examples of italy and the netherlands |
| topic | whole life imprisonment life imprisonment torture and inhuman treatment conditional release |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2022/0039-21382203403M.pdf |
| work_keys_str_mv | AT mrvicpetrovicnatasav howtomakemorehumanelifeimprisonmentlockupandthrowawaythekeyconceptontheexamplesofitalyandthenetherlands |