新时代刑事执行法治理念创新与价值取向研究

慎刑理念的核心要义就在于谨慎适用刑罚。以《唐律疏议》为代表的唐律在我国历史上具有重要地位，对后世产生深远影响。《唐律疏议》以德礼为本、刑罚为用，依律慎刑、重在宽简，法律统一稳定为立法思想，律条简约、规范详备，针对特殊群体减轻、免除刑罚，刑罚轻缓、严格限制死刑，不论是立法思想、原则、还是罪刑的设置，都体现了“慎刑”理念。这与现代轻刑化的思想不谋而合，也对现代法治建设产生启示：坚持条文简约，内容详备；针对特殊群体减轻、免除刑罚；顺应轻刑化的发展趋势。

实现中国式刑事法治现代化是实现中国式法治现代化的重要组成部分，是全面推进依法治国的必由之路。刑事法治的发展必要以中国式刑事法治现代化为引领，着力构建面向未来的中国特色刑事法治体系。刑事法治的发展涵盖犯罪学、刑事法学、刑事诉讼法学、刑事执行法学等诸多范畴，甚至与法社会学、法经济学等学科相互交叉，由此方能实现中国式刑事法治现代化。刑事法治的发展涵盖犯罪结构的变迁、积极主义刑法观的贯彻与调和、法教义学的精细化与本土化、网络刑法的体系构建与发展以及刑事程序法的理念更迭与制度创新等五个面向。刑事法治未来应在以下四个方面精进：首先，回应风险社会，积极开展轻罪治理；其次，贯彻少捕慎诉慎押刑事司法政策，不断深化人权保障；再次，关注人工智能发展，构建数字时代刑事法治体系；最后，立足本土实践，着力构建中国特色刑法教义学体系。

高质量发展是全面建设社会主义现代化国家的首要任务。其本身蕴含了深刻的现代单位犯罪治理理念，如“公私共治”、“保护为主、惩罚为辅”和法治经济理念。囿于我国目前单位刑罚体系具有行刑交叉案件处罚体系上混乱、单位犯罪刑罚制度单一、惩治不足问题，缺乏制裁体系的梯度设计的科学性、规范性问题。应坚持缓和的违法一元论，对于同一行为触犯不同法规范，应当区别刑法与行政法规范在规范保护目的、逻辑体系、制裁手段等方面的差异。依照比例原则，“行刑衔接”案件的制裁体系应当具有逻辑上的协调性，与规范目的的适当性，以及必要性。此外，借鉴域外法人犯罪刑罚制度，顺应高质量发展理念，应当完善我国单位刑罚制度，通过设置缓刑、增加资格刑、设立白名单、黑名单制度和犯罪记录封存制度，促进企业去犯罪化改造、提升企业管理能力，建立具有中国特色的现代化经济行(企)业伦理道德规范体系。

张謇的法律思想十分丰富，尤其是其宪法思想和经济法律思想一直是学界研究的热点，其刑事法律思想虽然内容相对较少，但同样不可忽视。在立法方面，张謇十分重视章程的制定，主张推动刑法的国际化；在司法方面，张謇强调审判的权威与独立性，并且重视证据的作用；在执法方面，他注重维护罪犯的人权，主张对监狱制度进行改革。这些都反映了他骨子里的“民本”思想。另外，张謇的刑事法律思想具有先进性，在现代的法律体系和制度中也能看到其刑法思想的影子。

随着系列刑法修正案的不断出台，以及司法实践中占绝大多数的轻刑化犯罪，均预示着我国已迎来“轻罪时代”，犯罪结构逐渐由重罪向轻罪发生转移。因此我们应重视对于轻罪的治理研究，贯彻落实少捕慎诉慎押的刑事司法政策。该政策以充分发挥检察职能为纽带，减少批捕率；审慎提起诉讼，对于可提可不提的不提起诉讼；谨慎对待羁押，进行羁押必要性审查，充分保障人权。从实践出发，明确少捕慎诉慎押刑事司法政策的内涵、功能及价值意义，寻求多方面落实机制，促进诉源治理，助推国家治理体系和治理能力现代化，为国家调整轻罪治理方略提供进路。

中国现行的犯罪前科制度与之前我国所实施的严打的刑事政策相呼应，而本文所中提到的前科消灭制度则就适应了宽严相济的刑事政策的理念，不仅体现了保护人权的精神，并且还深刻的体现了刑罚的谦抑性。前科消灭制度与法律的双重规制机能有着相应的契合度。我国对于未成年人的前科管理制度方面是一直有在尝试，并且随着学者以及大量的理论研究、关于社会矛盾的研究的分析，随着宽严相济的刑事政策的理念和政策性的到来，前科消灭制度就可以由此而进行考量、综合评价再进行构建。不仅要有理论的支撑，还要有严格程序模式以及严格的特定方式。

近年来，我国刑事立法极为活跃，轻微犯罪扩张成为突出现象。轻微犯罪立法具有弥补法律空白、加强法益保护的正当价值，是刑法参与社会治理的积极表现。但由于其内在的重刑化倾向、司法出罪路径的缺失以及犯罪附随后果的严厉，严重影响了轻微犯罪治理效果的发挥，使轻微犯罪立法逐渐背离“严而不厉”的刑法理念。未来应完善轻微犯罪立法的配套制度，程序上优化犯罪记录封存制度、建立“漏斗式”司法体制，实体上严格贯彻刑法谦抑主义，以促进轻微犯罪治理的良性发展。

出于特殊预防目的，《反有组织犯罪法》设立了个人财产报告与从业监管措施，需要对其性质予以明确才能实现有效适用。与此相类似的刑罚执行后继续管控广泛存在于我国立法中，并在过于强调继续管控、报应主义和社会防卫思想下，忽略了与刑罚执行后继续管控价值之间的平衡，以致产生了种类繁多，造成的后果严重，缺乏程序保障等特点。刑罚执行后继续管控应当以帮助犯罪人重返社会为基本引领，在此基础上，将刑罚执行后继续管控的性质厘定为附随性法律后果。消解刑罚执行后继续管控的矛盾，得从遵循比例原则、完善人身危险性评估入手。

本文通过分析监禁刑犯人在监狱改造时所可能面临的理论问题和实际制度和可以改进的方面，提出“慎刑”思想和人权思想如何更好地贯彻在对于监禁刑犯人从改造中到出狱后的过程中发挥作用，达到更好的改造效果。本文通过借鉴前科消灭制度和日本的更生保护制度来完善我国对于出狱人的社会保护以及人权保障问题，以此来构建一个更加完善的适用于犯罪人的改造循环体系，达到我们充分减少出狱人再犯累犯比率可能性的设想，充分实现刑罚犯罪预防的目的。

中华上下五千年，儒家思想犹如划破世界的惊雷，在诸多优秀的思想中闪耀而出，影响了世世代代的炎黄子孙。儒家思想影响无处不在，比如儒家在政治方面就渴望“仁政”，投射至司法领域，开启了我国“慎刑”思想的先河。“慎刑”思想在中国法制史的发展中，犹如一颗璀璨的明星，在律法的严苛与谦抑中照耀着黎民百姓。“慎刑”思想是中国传统法律思想中独具特色的重要因素，它不仅仅表现在思想层面，同样也表现在制度层面。只有深入地理解“慎刑”思想，把握好历史上的“慎刑”制度精髓，才有利于社会矛盾的及时有效的化解，才有利于法治理论与法治实践更好地耦合在一起，才能实现法律实效与社会目的的有机统一，才能更好地实现国家的长治久安。对“慎刑”思想深入研究，不仅仅可以了解其在古代的产生、发展、演变，同样可以将其思想创新性地运用在现代社会，弘扬其珍贵的价值。

在“宽严相济”和刑罚轻缓化的刑事政策背景下，近年来我国刑罚轻刑化趋势明显，这对司法资源的配置体系提出了新的挑战。目前，我国现行司法资源配置存在不合理、不均衡现象，导致了审判程序运行效率低下、司法资源浪费。刑罚轻刑化是当前我国刑事司法改革中的一项重要内容，优化刑事司法资源配置对提高刑事诉讼效率、节约司法资源具有重要意义。因此，本文旨在分析当下司法资源配置存在的问题，探讨建立完善的配置制度，提出有效的优化路径，以期实现司法资源与司法需求的良性互动，从而充分发挥刑罚轻刑化在维护社会公平正义和实现司法公正方面的重要作用。

赎刑制度是以财物、劳役或身份折抵刑罚的一种刑罚替代方法。发端于夏朝，废止于清代，具有维护国家稳定、保护特权阶层、满足财政经济、体现仁政态度的诸多特点。虽然诞生于封建专制背景下的赎刑制度有着天然的阶级弊端，但制度本身对现代法律而言极具参照价值，有利于从刑事实体法上建立被害人弥补机制、缓和自由刑的存废争议、弥补司法经费不足。重构赎刑制度，与轻罪轻刑化的发展趋势具有同一性，体现了我国对法律本土资源酌水知源、去糟取精的传承态度，为中国特色法治建设开辟新道路。

刑事政策出现之初便与刑法如影随形，我国刑事政策与刑法的关系在司法实践中不断发展变化，从刑事政策替代刑法到“灵魂”说，体现了我国对两者关系认识的不断深入。现阶段“灵魂论”已成为我国学界的主流观点，同时也存在一些对“灵魂”论的质疑。为力求在两者之间达到平衡使得两者朝着科学合理、不断完善的方向发展，文章从历史的角度以及学者的不同观点出发。总结历史经验，分析各观点的优劣以试图讨论刑事政策与刑法关系的最佳状态。

前科消灭制度的价值在于，既要发挥其对犯罪前科的预防作用，又要重视对其人权的保护，从而为犯罪人确立一种回归社会的途径。在我国，前科是最具代表性的犯罪附随后果。目前，我国在构建前科消灭机制时，仍面临着与传统价值冲突、与现有法律体系冲突、配套制度不完善等问题，但又具有适用于建设多元前科消灭制度的可行性，我国刑法宽严相济的政策取向也是前科消灭制度建立的有力支撑。

罚金刑作为一种古老的刑法方法，自我国第一部刑法即1979年颁布的《中华人民共和国刑法》以来，经历了四十余年的发展，罚金刑始终是一个特殊的刑罚种类，作为我国刑罚体系中使用率最高的附加刑，罚金刑必然有着其存在的价值。但是现在在适用中却存在着种种问题，导致无法充分发挥其应有的作用，就此看来，必须针对这些问题做出一定改变，应从完善立法、公正司法、严格执法方面加以改进。

随着我国犯罪结构轻罪化趋势凸显，刑罚附随后果泛化导致的“二次惩罚”问题日益严峻。基于宽严相济刑事政策，亟需构建轻罪前科封存制度，以消解标签效应、促进犯罪人再社会化。主张以宣告刑三年以下为封存基准，因其更能体现实质正义，兼容个案量刑情节差异；但须排除危害国家安全、恐怖活动、黑社会性质组织犯罪三类特殊犯罪。封存程序遵循双轨启动机制：缓刑犯由司法行政机关依职权封存；实刑犯由法院依申请封存，并设定差异化考验期，同时与社区矫正、认罪认罚从宽制度联动。封存后犯罪记录的查询须严格限制于司法机关办案必要及法定从业禁入领域，防止泛化查询架空制度功能。出现“新的故意犯罪”应当恢复前科。

相较于德占时期欧人监狱的人性化狱政设计，清末中国的传统监狱显得格外黑暗落后。近代以来，在西方法律思想的冲击之下，中国的监狱制度也开始了改良的尝试，罪犯习艺所的出现便是中国近代监狱制度改良的重要成果。同时这一时期的狱制、法制改良也在中国法律史上留下了短暂而光辉的一笔。

我国轻罪数量在积极刑法观和劳教制度取消的双重影响下逐年累增，也导致了我国轻罪附随后果随之扩张。轻罪附随后果的扩张和其消灭制度的缺失导致轻罪附随后果影响的人群庞大。轻罪的治安管理属性和覆盖范围极广、影响范围极大的附随后果之间比例失衡。轻罪附随后果消灭制度有着悠久历史以及各国丰富的实践经验，大陆法系与英美法系都存在对轻罪附随后果消灭制度的规定。我国应当通过增设轻罪制度以对轻罪附随后果进行统一化管理。将附随后果纳入刑法的明文规定中，并对轻罪附随后果构建高效的司法管理制度。

少捕慎诉慎押政策被确立为刑事司法政策以来，不捕率、不诉率、羁押率都达到了新的高度。随着互联网的发展，利用网络实施刑事犯罪高发。打击帮助信息网络犯罪活动罪作为检察机关推动网络空间安全清朗的重点之一，在办案过程中适用少捕慎诉慎押政策是全面落实该政策的重要体现。但在推行的过程中仍存在司法机关对逮捕条件把握情况不统一、相对不起诉的要件判断缺乏实质出罪思维、检察机关落实羁押期限控制乏力等问题。要把少捕慎诉慎押政策落到实处，应当细化社会危害性的实质审查、给予检察机关行使起诉裁量权的充分空间、构建羁押–刑罚相当性为核心的羁押审查机制。

“少捕慎诉慎押”的刑事司法政策是党和国家在全面深化改革新形势下的重要探索，而社会危险性作为审查逮捕的核心要件，在检察机关批准逮捕的决定执行过程中很难直接实现其预定功能，如对社会危险性的判断缺乏客观标准，现行的社会危险性评估项目仍需考量，证据审查的重要性待提高、辩方参与的力度不足等。应当通过明确判断标准、完善量化评估体系，加大证据的报送力度、加强辩方参与等方式构建科学有效的社会危险性评估模式的路径。

“少捕慎诉慎押”的刑事司法政策在未成年人司法实践中占据重要地位，是保护未成年人的合法权益的重大举措。然而，在实践中该项政策的落地面临存在司法理念亟需转型、社会危险性评估体系不科学、帮扶矫治机制不足、司法机关衔接不畅等困境。为此，应构建新型办案理念、科学评估体系，强化矫治教育，加强部门配合，为政策实施提供理论支撑与参考。

当前我国《刑事诉讼法》(以下简称“《刑诉法》”)面临第四次修改，卞建林、黄永等著名学者先后提出废除指定居所监视居住(以下简称“指居”)制度的观点，重新引发了学界对于指居制度存废的热议，而实际上指居作为半羁押性强制措施，具有完善刑事强制措施体系等独特的价值与功能，只是受错误的办案观念的影响及权力难以制约的纵容，指居措施在实践中呈现出异化为侦查、羁押措施的倾向。因此有必要探究指居异化问题的表现、成因等要素，并通过由检察机关行使审批权、加强权力制约、明确未成年人不应当适用指居等措施规范指居制度，以使得指居措施发挥其应有作用。

帮信罪在长期休眠状态后，随着断卡行动呈现出“井喷”式增长的样态。对帮信罪适用不起诉决定，在提高司法效率，节约司法资源的同时，也贯彻了慎诉的刑事司法政策。通过对416份帮信罪不起诉决定书进行分析，发现法定不起诉中对于“情节显著轻微”认定存在争议，存疑不起诉中“明知”取证困难，相对不起诉中适用条件也存在争议。对此应对帮信罪入罪标准进行细化把握，明确帮信罪“明知”的推定规则，统一相对不起诉的适用标准，规范不起诉的适用。合理使用不起诉制度解决帮信罪在实践中过度应用的问题，保证该罪发挥其立法目的的同时，为正确适用该罪提供参考。

少捕慎诉慎押的刑事诉讼政策中，“慎诉”是重要的一环。然而在推行和适用附条件不诉的过程中，远不达标的附条件不诉率、僵化的主体适用条件以及评审标准模糊等一系列问题随之暴露和放大，阻碍着“慎诉”的发展和运行。建议从提高不诉率、改革主体条件和量化适用标准等方面入手，推动附条件不诉的有效适用，贯彻“慎诉”政策的落实。

当前实务界涌现众多轻微犯罪案件，这些案件通过相对不起诉程序实现脱罪。然而，在确认犯罪构成后，如何将这些案件与非刑罚处置措施有效对接，确保被不起诉人承担应有的非刑罚责任，进而实现脱罪后的公正裁决与轻罪的有效预防及治理，成为检察实务中亟待解决的问题。实务界正积极在理想状态与现实情况、实体法律与程序规则、理论探讨与实际操作之间寻求平衡，旨在构建符合本地实际的相对不起诉案件非刑罚责任实施体系，从而确保案件在反向行刑衔接中，其诉讼处理与社会治理能够无缝对接。

认罪认罚从宽制度在推广适用中出现了少数“以捕促认”和“应捕不捕”情况。这种境况是协商性司法与中国职权主义模式的内在张力之必然，检方强势主导地位与落实“少捕慎诉慎押”的硬性要求，是认罪认罚从宽制度发生偏差的重要原因。改善上述不足的路径是大力发挥检察机关公权力职能的复合化与能动化，完善逮捕审查程序，正确理解“少捕慎诉慎押”，加强羁押必要性审查主体的中立性并建立激励制度，从而有效促进良法善治。

随着社会发展的不断加快，现有的犯罪前科制度对犯罪人造成的不利影响日益凸显，这不仅违背了罪刑法定原则与罪责刑相适应原则，也对犯罪人的去标签化和再社会化构成了重大挑战。前科所带来的株连效应也令犯罪人及其亲属面临双重负担。前科消灭制度成为犯罪治理的重要一环。在立法模式上，可以采用刑法典立法模式，将“前科消灭”纳入刑法总则；在基本条件上，需符合范围、程序、形式、效力等诸多要素；在法律后果上，应消除规范性评价并兼顾非规范性评价，封存犯罪记录；在刑法领域外也应进行一系列配套调适，以构建审慎、合理、严谨的前科消灭制度。

随着积极刑法观的倡导，轻罪在我国刑法罪名体系中有扩张趋势，因犯罪所产生的附随后果对犯罪人再社会化具有严厉的限制性，故在此背景下探讨我国犯罪记录附条件封存制度具有一定现实意义。本文从轻罪入刑的现实出发，具体探讨了犯罪记录所产生的附随后果、我国现有犯罪记录封存制度和域外相关制度与我国犯罪记录附条件封存制度的路径构建。

在醉驾治理新形势新变化新要求的时代背景下，构建多层次的醉驾治理体系是重大时代课题。醉驾案件适用附条件不起诉，应当聚焦附条件不起诉审查制度的具体构建，以明确如何适用不起诉。审查制度的前置要件应包含酒精浓度、法定从重情形与特定情节三方面，分别从醉驾发生前、中、后三个时间段全面考察。审查制度的实体内容旨在明确行为人通过何种附条件考察能够获得不起诉的资格，应包含公益服务考察、附加性矫正措施与认罪认罚态度，以达成“再社会化”的效果。同时，应有完备的程序保障全流程稳定高效运作，由检察机关为主导成立专门机构，联合社会组织共同治理，于犯罪治理的同时推进社会治理。

取保候审是我国《刑事诉讼法》中规定的一种非羁押性强制措施，通常对犯罪较轻，不需要逮捕，但需要对其人身自由作一定限制的犯罪嫌疑人、被告人适用。取保候审制度的羁押替代功能对于保障司法人权具有重要意义。然而，在我国司法实践中，取保候审措施适用率极低，与英美国家的保释制度适用情况相比，有很大的差距。取保候审的适用条件不明确是我国取保候审适用率低的主要原因，从英国是否予以保释考量因素的变化分析，以期对我国取保候审制度的发展有一定促进作用。

社区矫正是我国司法体制改革的一项重要举措，在降低刑事处罚成本、改造罪犯、维护社会稳定等方面发挥了积极作用。伴随着“恢复刑”理念的不断深入，社区矫正这一非监禁刑执行方式逐渐得到重视，2019年12月28日《社区矫正法》的颁布也意味着我国社区矫正工作上升到了新的阶段。然而，由于我国农村地区社区矫正工作尚处于起步阶段，实务中存在着诸多问题，如矫正环境不完善、矫正项目单一、矫正力量薄弱等。本文通过分析我国农村地区社区矫正实务中存在的问题，提出了完善矫正环境、丰富矫正项目、加强矫正力量建设等对策，以期为推进农村社区矫正工作提供参考。

社区矫正脱管漏管检察监督工作是监外刑事执行检察工作的最重要组成部分。随着我国社区矫正整体规模不断加速扩大，也对以脱管漏管检察监督为主的社区矫正检察监督工作提出了新的更高挑战和要求。制约该项工作持续、健康发展的因素有监督线索来源不广泛、办案标准不统一、监督机制不健全、人员队伍不完备等等，为此，提出探索社区矫正巡回检察、推进社区矫正领域“数字检察”、完善检察内部制度建设、加强社区矫正检察队伍能力建设等对策建议予以解决。

青少年网络犯罪是当代青少年犯罪的一种新形式、高科技的犯罪方法，具有隐蔽性以及对社会的高危害性等特点，因此对于这类型的犯罪青少年的研究是很有必要的。文章主要从认知行为理论视角，对网络犯罪青少年法律意识淡薄、情绪未能及时缓解以及对网络认知存在偏差方面进行针对性的社区矫正，介绍社会工作介入网络犯罪青少年的三大可行性因素。从认知行为理论中认知、行为、结果三因素出发，提出在认知重构、行为矫正、环境干预三个阶段中社会工作介入网络犯罪青少年社区矫正的策略分析，从而帮助犯罪青少年改变不良认知，构建合理的认知。

数字技术的深入发展为我国非羁押性强制措施的适用带来了变革。电子定位监控、智能监管平台、以及基于大数据的社会危险性量化评估系统等技术的应用，有效弥补了传统监管流于形式、资源耗费大等缺陷，显著降低了审前羁押率和监管成本，并增强了法律监督的穿透力。然而，这种技术驱动的变革也面临严峻的法律挑战：现有法律规范供给不足，技术应用缺乏明确授权；数字监管强度可能违反比例原则，造成对权利的过度限制；算法歧视的隐蔽性扩张则对社会公平构成潜在威胁；个人隐私与信息保护面临数据过度采集与跨部门共享的侵蚀风险。应对这些挑战亟需通过立法明示数字化监管的合法性根基，建立基于社会危险性分级的评价体系以匹配监管强度，提升风险量化评估标准的透明度与可接受性，并完善被监管人权利救济途径。只有克服技术与法律融合中的问题，非羁押性强制措施的数字化转型才能既提升监管效能，又切实保障公民权利，实现刑事司法治理现代化的目标。

随着刑事犯罪结构发生重大变化、法律的进步和法治观念的普及，惩罚性司法转向恢复性司法，犯罪人应承担起修复受损的社会关系的责任。审前社会服务令，可在审查起诉环节将部分轻罪案件分流，优化司法资源配置，缓解“案多人少”的矛盾。现实中存在检察机关的不起诉裁量权未充分行使导致不起诉适用率低、检察机关缺乏监督、传统司法观念影响等问题。应通过明确社会服务令的适用条件、健全不起诉案件适用社会服务令的监督机制、检察机关转变司法观念等路径加以完善。

区块链技术的发展正在如火如荼地进行中，本文将该项技术与刑罚执行相结合，首先分析刑罚执行领域存在的问题，在此基础上论述区块链技术融入到刑罚执行领域的必要性与可行性，进而提出区块链刑罚执行信息共享平台构建的具体途径，以期为区块链技术在法学领域的应用提出新思路的同时解决我国刑罚执行领域目前存在的问题。

暂予监外执行是我国特有的刑罚执行变更方式，其彰显了我国宽严相济的刑事政策和体现了我国行刑人道主义的精神。但由于我国暂予监外执行制度在立法设计上不完善、司法实践中执行混乱，导致出现了权钱交易、纸面服刑等恶劣问题。本文立足于暂予监外执行制度的现状，通过分析暂予监外执行制度中存在的立法和司法实践中的不足，提出了废除刑期折抵、明确单一决定主体、建立诉讼化程序和构建多元监督机制等立法构想，为重塑我国的暂予监外执行制度建言献策。

This study critically analyzes the failure to execute a final and binding criminal verdict (inkracht) in Indonesia, focusing on the high-profile case of Silfester Matutina (Supreme Court Decision No. 287 K/Pid/2019). Despite the verdict's finality since 2019, its non-execution until 2025 a six-year delay represents a fatal legal anomaly. Employing Gustav Radbruch’s Trias of Legal Values, the analysis reveals that the core principles of Legal Certainty (Rechtssicherheit) and Justice (Gerechtigkeit) have been subverted by a distorted notion of Expediency (Zweckmäßigkeit) serving political or group interests. The failure by the Prosecutor's Office to immediately execute the condemnatoir judgment, coupled with the erroneous tolerance of a non-suspensory appeal (Peninjauan Kembali), points to institutional collusion and political protection. The appointment of the convicted person as a BUMN Commissioner further exemplifies this 'sharp downwards, blunt upwards' justice. This systemic failure erodes judicial authority, undermines the rule of law, and creates a precedent of impunity, necessitating urgent institutional reform and strict accountability for state law enforcement.

Harmonization of international legal standards with national priorities is a multi-vector process of dialogue between national and supranational legal systems. The universal rules for the execution of criminal penalties were the result of the joint work of more than one generation of scientists, penitentiary experts and politicians. They are based on the humanistic ideas of the enlightenment philosophers about the inviolability of natural human rights and the rule of law. The article provides a periodization of the formation of international standards for the treatment of prisoners. This process has gone through three stages from scientific congresses of scientists and practitioners to the institutionalization of these initiatives at the global and regional levels. The role of Russian representatives in different periods of the formation of generally recognized rules for the treatment of persons in places of detention was different and depended on the direction of the foreign policy. The last quarter of the century has been characterized by activity on the implementation of the international law norms in national legal system. The improvement of the system of criminal execution is attributed to national priorities and consolidated in many strategic planning documents. However, this process did not occur linearly. Compliance with international standards has led to both positive changes in the penal enforcement system and revealed vulnerabilities in the way of implementation. The denunciation of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides for withdrawal from the jurisdiction of the European Court of Human Rights, actualizes the need to comprehend the experience of integration into the European space and to find ways to improve the human rights mechanism that meets the national priorities of the development of society and the state.

Violence or sexual harassment experienced by children as victims by people closest to the child is a concerning condition, which should be the child's closest environment to teach, protect, educate and direct children to grow and develop into good child behavior. The obstacle in the implementation of chemical castration for perpetrators of sexualcrimes against children is that chemical castration is a punishment rule that has only been legalized for the first time in Indonesia, so further research is needed on the advantages and disadvantages of implementing chemical castration, in the State Gazette Number 5882 does not contain a clear explanation regarding the technical instructions for the execution of chemical castration, the rejection of the Indonesian Doctors Association to carry out the execution because it violates the Doctor's Oath, the Indonesian Medical Code of Ethics and Human Rights, there is no party willing to be appointed as the executor of chemical castration, because basically the prosecutor has the authority to execute but is not authorized to execute if the punishment is outside the prosecutor's duties  

To uphold legal principles within the military framework, it is imperative to establish legislative measures that serve as regulatory frameworks for soldiers. These measures are designed to govern their conduct both in the execution of official duties and in the regulation of their involvement within the broader societal context. This research aims to scrutinize the procedural intricacies involved in implementing dishonorable discharge for Indonesian National Armed Forces (TNI) soldiers who engage in criminal activities as a means of upholding the rule of law. Furthermore, it seeks to identify and address the challenges encountered in the process. This study applies a normative juridical approach, specifically descriptive-analytical research. Data comprises both secondary sources (i.e., literature works) and primary sources (i.e., interviews). The presentation of data is structured in a descriptive format, employing a qualitative analytical method. Research findings reveal that the process of implementing dishonorable discharge for TNI personnel involved in criminal activities encompasses both administrative and military disciplinary measures. Challenges encountered in the sanction application include (a) instances of unit commanders’ tardiness in administering administrative penalties and (b) efforts to address these impediments by ensuring meticulous law enforcement within each unit, coupled with conducting awareness campaigns across the entire units in TNI. It is underscored that criminal acts committed by TNI personnel are regarded as breaches of military discipline, carrying the threat of military and disciplinary penalties, alongside administrative sanctions culminating in dismissal. The application of administrative sanctions is anticipated to mitigate violations and instill a deterrent effect among TNI personnel. Legal ramifications persist for the individuals involved until the completion of their service. A proposed solution requires the submission of a comprehensive personality development progress report by respective unit commanders, confirming the completion of all legal processes, thereby facilitating the individual’s seamless career progression.

The criminal sanctions that do not entail deprivation of liberty of a perpetrator of a criminal act have been increasingly proscribed. Also, the sentence of imprisonment has been modified in regard to the place of its execution - because it can be conducted either in a correctional facility or in a home of a convicted person. It is evident that there is the increase of the security measures. In reference to the proscribing the sanctions, there is a similar tendency in the field of misdemeanors as well. If a penatly sanction is imposed and a judicial decision, by the rule, becomes final than follows the execution of a sanction. The process of execution of criminal sanctions has been regulated by a number of documents of different legal strenght - by laws and by-laws. By the year 2014 'the main regulation' in the field of execution of criminal sanctions has been the Law on Execution of Criminal Sanctions and by-laws adopted on the basis of the afore mentioned Law. In 2014 the National Assembly adopted the Law on Execution of Sanctions and Measures Outside of the Penitentiary Institutions, by which the above mentioned Law has been supplemented. By the former Law, many important innovations regarding the execution of certain sanctions imposed on the perpetrators of punishable acts: criminal offences, misdemeanors and commercial offences. The execution of certain measures toward a suspected, accused or convicted person has been also regulated by the mentioned Law. It can be concluded that the Law on Execution of Sanctions and Measures Outside of the Penientiary Institutions is a lex specialis in relation to the Law on Execution of Criminal Sanctions.

Terrorism poses a threat and intimidation to national security, as acts of terrorism constitute actions that create the greatest danger to human rights. To anticipate the issue of terrorism crimes, Indonesia, as a rule of law state, has the obligation and responsibility to live safely, peacefully, and prosperously, as outlined in the constitutional mandate of the 1945 Constitution of the Republic of Indonesia. Therefore, further research will be conducted on the legal certainty of the implementation of Government Regulation Number 77 of 2019 concerning the prevention of terrorism crimes and the protection of investigators, public prosecutors, judges, and correctional officers, and the roles of the National Counterterrorism Agency (BNPT) and Detachment 88 in the prevention and eradication of terrorism crimes. The research method used is normative juridical. The research findings indicate that the implementation of Government Regulation 77/2019 as the execution of Law 5/2018 provides legal certainty for investigators, public prosecutors, judges, and correctional officers in combating and preventing terrorism crimes, as Government Regulation 77/2019 serves as the basis for all actions in counterterrorism. BNPT plays a role in prevention, protection, and deradicalization efforts, as well as in enforcement and capacity building, including international cooperation in addressing terrorism challenges. Detachment 88's role is to investigate reports of terrorist activities, arrest individuals or groups confirmed to be members of terrorist networks that could endanger the integrity and security of the Republic of Indonesia. The research results suggest that improvements should be made by legalizing material criminal penalties that include aggravated criminal threats in cases of attacks against law enforcement officers handling terrorism crimes, and the government should establish a new Special Law concerning the Protection and Counterterrorism of investigators, public prosecutors, judges, and correctional officers in Laws, Regulations, Government Regulations, and Regulations of the Ministry of Law and Human Rights.

It does not require any special proof that the assumption of irrationality and unreasonableness in matters of sentencing may level the success of all criminal law institutions, give rise to a sense of injustice, reduce confidence in justice and finally call into question the definition of a particular State as a State governed by the rule of law. Indeed, the goal set by the law on criminal liability can be achieved through a variety of criminal penalties, primarily by enabling the court to impose a punishment on a person guilty of a criminal offense in each case, applying the principle of justice and individualization of responsibility. One of the indicators that may indicate whether punishment achieves the goal of reforming convicts is the recidivism rate, in the broad sense of the term, namely the rate reflecting the number of persons convicted of a criminal offense, provided that they have previously been convicted of at least one criminal offense. When applying arrest with detention in the brig, the goals of punishment are achieved primarily by applying the following measures: establishing an appropriate regime for the execution and serving of sentences; organizing educational influence; involving convicted servicemen in socially useful work; organizing military training for social influence. The special conditions are primarily determined by the fact that in case of conviction of a serviceman to arrest, he is not released, but serves his sentence under the condition of further military service. At the moment, the legal regulation of the procedure for the execution of sentences that may be imposed on military personnel remains largely unexplored, so our task in this article is to consider in more detail the procedure for serving a sentence of arrest by military personnel.

Abstract This article draws out two injustices to which retrospective criminal legislation may give rise: undermining accessibility of law and challenging equality before the law. It is argued that the censuring function of criminal law exacerbates both wrongs. This sets the stage for an analysis of delaying prisoners’ release. It is suggested that retrospective reform in this context threatens the same values as those threatened by retrospective criminalisation. Yet, the safeguards against retrospective reform of release provisions are weak due to two important strands of case law, one concerning which penalty was ‘applicable at the time’ of the offence and another which draws a distinction between penalties and their execution. Both strands of case law are in need of fundamental reconsideration if article 7 of the European Convention on Human Rights is to realise its purposes of upholding rule-of-law values and providing practicable safeguards.

In the era of social media, the proliferation of online actors, the diversity of content, and the rapid dissemination of information have created conditions for widespread public participation in the judiciary, enhancing transparency while simultaneously posing challenges to judicial rationality and independence. Taking the cases of Jiang Ge and the Kunshan self-defense case as examples, this paper illustrates how differing judicial cultures, institutional frameworks, and penal execution practices result in varied responses to significant criminal cases in China and Japan. It is essential to fully leverage the moral evaluative function of criminal law, appropriately respond to public sentiment, and explore connections between public opinion and the judiciary that align with the construction of a networked rule of law with Chinese characteristics. This approach is fundamental to achieving good law and governance.

In the present study, I address issues arising in the execution of compulsory treatment ordered against offenders suffering from insanity, which excludes criminal responsibility, provided further conditions are met. I examine these issues from the perspective of rule-of-law guarantees that apply to depriving offenders with mental disorders of their liberty. Currently, the therapeutic aim of the sanction is combined with an indeterminate deprivation of liberty within the penitentiary system, which carries significant risks for individuals with mental disorders. It is therefore necessary to place particular emphasis on two key aspects. On the one hand, the lawfulness of applying restrictive measures and coercive means needs to be examined in relation to the enforcement and enforceability of patients' rights, as well as the creation of adequate safeguards thereto. On the other hand, the legality of the detention itself requires attention, especially regarding the shortcomings observed in the current domestic practice concerning the termination of the measure. The relevance of the subject is further increased by the fact that, in 2024, the European Committee for the Prevention of Torture (CPT) issued its report on the findings and observations upon its visit to the Forensic Psychiatric and Mental Institution, which serves as the place of execution.

This study analyzes the issue of execution delays and their impact on the psychological suffering of death row inmates in Indonesia's criminal law system. Using a normative juridical approach, the research identifies a significant normative gap, as Indonesian positive law lacks explicit regulations governing the time limit for carrying out executions after a verdict becomes final. This legal vacuum leads to prolonged uncertainty for inmates, resulting in extreme psychological distress known as the death row phenomenon. This condition is argued to constitute cruel, inhuman, or degrading treatment, violating both international human rights principles, such as those in the ICCPR, and Indonesia's constitutional guarantees of humane treatment and legal certainty. The analysis reveals a fundamental tension between retributive justice and substantive humanity. The study concludes by emphasizing the urgent need for legal reform to establish clear execution time limits and robust oversight mechanisms. This is crucial to align Indonesia's penal system with the principles of substantive justice, human dignity, and the rule of law.

This study aims to analyze criminal legal instruments for fines that have passed the grace period in the mining sector and the implementation of criminal fines for convicts who have passed the grace period by the principle of legal certainty. This research and writing method applies empirical Law with a conceptual approach, principles, criminal law theory, law approach, and case approach. This study produces and answers the legal issue that the emergence can also see the application of fine penalties and the tendency to apply prison sentences cumulatively with prison sentences. The type of criminal sanction in the mineral and coal law is the main crime in Imprisonment, a fine, and Imprisonment. If the perpetrator is a legal entity, the type of fine sanction for the legal entity is plus 1/3 of the maximum criminal provisions of the fine imposed. Additional crimes include revoking business licenses and/or revoking legal entity status. Criminal liability in the mining sector can be imposed on individuals or legal entities as can be reviewed from the subject of criminal acts contained in the criminal provisions. The following finding is that the application of criminal sanctions and fines in criminal acts in the mining sector still raises problems; namely, there is a gap between criminal sanctions and fines in the formulation of the mining law due to the absence of explicit rules on the mechanism of coercive efforts so that the convict can carry out the fine imposed sentence. The existence of a criminal law option of fines can be replaced by prison sentences, causing many convicts to choose to serve prison sentences instead of fines. By serving a prison sentence, it is as if the convict has paid the fine in full.

The main objective of this research is to analyse and explain the regulation and mechanism for the implementation of the execution of evidence of excise crimes legally carried out in the Bogor Regency District Attorney's Office and to analyse and explain the authority of the Prosecutor in the implementation of the execution of evidence of excise crimes that have permanent legal force. The method used is the normative legal research method using the statutory approach and the case approach. The types of legal materials used are sourced from secondary data obtained from primary legal materials in the form of legislation, secondary legal materials in the form of textbooks, journals, legal expert opinions, relevant legal cases, and tertiary legal materials in the form of legal dictionaries. The results of the study indicate that the regulation and mechanism for the implementation of the execution of evidence of excise crimes legally carried out in the Bogor Regency District Attorney's Office implement cooperation with customs in the form of a Joint Agreement between the Director General of Customs and Excise of the Ministry of Finance of the Republic of Indonesia and the Deputy Attorney General for Special Crimes of the Republic of Indonesia Attorney's Office. related to the coordination of criminal law enforcement in the field of customs and excise where the implementation of the confiscation of excisable goods is carried out after receiving a court decision that has permanent legal force and the settlement of excisable goods that are confiscated for the state is carried out in accordance with the provisions of laws and regulations governing the management of confiscated state goods. The authority of the Prosecutor in implementing the execution of evidence of excise crimes that have permanent legal force has legal constraints from the absence of special rules governing the auction of confiscated goods in the Criminal Code. Every criminal procedure should be regulated in the Criminal Procedure Code (KUHAP), but the regulation of the settlement of confiscated goods does not have a legal basis for the prosecutor as the executor in terms of criminal procedure law. Apart from that, it is also necessary to determine the extent to which the Prosecutor can carry out the Execution of Evidence according to existing regulations the Criminal Procedure Code (KUHAP).

The issue of the death penalty as an exceptional form of punishment has a long history and has elicited opposing views. The watershed between the organic perception of the death penalty as a common instrument of punishment for the most serious crimes and the denial of the very fact of its application is considered to be the general civilizational development of society, associated with the education of society and “healthy skepticism” that allowed people to distance themselves from the bloody customs of the Dark Ages.The original understanding of just retribution for the most serious crimes was reduced to blood revenge, the elimination of which resulted in the state gaining the right to legal murder. The fulfillment of this state function was understandable to the society of the time and was considered necessary by it from the standpoint of revenge, fear, and the inevitable wrath of the gods if retribution for the crime did not come.Instead, in contrast to revenge as a universal argument in favor of the death penalty, the idea of the sanctity of human life and the state’s inability to take it away —since it was not given by the state—emerged. Since then, both diametrically opposed points of view on the use of the death penalty have existed and been debated, not without rational arguments.From the standpoint of impartiality to both sides, which is required by the scientific approach, the authors examined the main philosophical issue of the sanctity of human life from the standpoint of justice, the ability of the death penalty to prevent new crimes and deter criminal ones, as well as views on the possibility of miscarriages of justice and execution of the innocent.First, the authors review and analyze the cases of abolition of the death penalty in different periods and in different states in order to establish the fact that there is no inextricable link between the crime and the mandatory just retribution for its commission, as well as the reasons for such abolition: religious, economic, social, etc. It is also established that the abolition of the death penalty took place both in the form of abolition itself and a moratorium on its application.The study found that the concept of “justice” is relative in nature, since if we consider the execution of a criminal (equal for equal) as a fair punishment, it cannot but be recognized as a modern version of the ancient bloody revenge. After all, the life of the victim cannot be returned with the execution of the criminal, even if the execution is carried out humanely.Proponents of the death penalty insist that its use is important for the families of victims because it allows them to obtain a sense of justice (closure). In addition, the execution of a criminal, in their opinion, will save the lives of his future potential victims, and they should be taken care of first and foremost, not the criminal. As for possible miscarriages of justice, they are denied (innocence is not proven) or considered an inherent property of human nature.Opponents of the death penalty insist on the value of human life and present many other equally valid arguments.The analysis of the argument regarding the death penalty’s ability to prevent future crimes did not reveal any additional support for it it, highlighting the need for further study.

The trend of corporal and non-corporal punishments applied to criminals around the world, as a method of curbing crime, appears to have lost its effectiveness. The discovery of a crime, its investigation and trial, followed by execution of the sentences not only consume financial resources, research indicates that most punishments do not incur positive results, they do not reform the convicts, and culprits return to the social environment as more dangerous elements than they were taken away. Historically, policy makers have sought and reserachers have recommended alternatives methods of curbing crimes in societies. One such alternative is the notion of promoting and imposing restorative justice. This theory, inter alia, seeks to resolve minor criminal cases outside the court and advocates non-penalizing minor offenses. Afghanistan, as an Islamic country and a follower of Hanafi school of thought, has rules regarding restorative justice enshrined in its laws and embedded in the prevalent customs. This research is an attempt to explore the nature and scope of the idea of restorative justice in the Hanafi school of thought and the criminal law of Afghanistan in a comparative and analytical method, while relying on secondary resources. The results of this research will help those involved in combating crime to abandon the suppression of criminals in minor crimes and implement some principles and regulations of restorative justice that do not contradict Islamic values.

Conflicts between several legal regulations and the existence of a legal vacuum make it problematic that chemical castration can be implemented, especially in Article 66 paragraph (1) of Law no. 1 of 2023 does not yet accommodate the implementation of chemical castration as an additional crime, so there is a need for changes and harmonisation of related legal regulations. The method used in this research is a qualitative method. The application of police medicine as an alternative to the execution of chemical castration has not yet received definite legality regarding the procedures and other rules for carrying out chemical castration in the police environment. In the implementation of chemical castration in Indonesia there are still several things that need to be clarified, especially for those carrying out the duties or executors. The existence of overlapping policies requires that efforts be made to harmonise both the health law perspective, medical practice, medical ethical code, human rights perspective, and also based on the Indonesian Criminal Code, and derivative legal regulations that must be harmonised.

Enforcement criminal law is a system of legal regulations that determine the procedure, manner and conditions for the execution of criminal sanctions. Serbia also implemented European standards in the execution of criminal sanctions, with special emphasis on the level of implementation of those standards in the area of execution of criminal sanctions, in its legislation. In addition to the standards related to the conditions of serving a prison sentence, the protection of the rights of persons deprived of their liberty, the manner of treatment of persons deprived of their liberty, protection against torture, inhumane or degrading treatment and punishment is particularly emphasized. In recent decades, the increasingly prevalent view is that criminal sanctions have a weak impact on reducing the crime rate, even less on the factors that cause and shape it. Prison sentences do not achieve objective effects in changing the criminal pattern of behavior of offenders, on the contrary, they have a greater effect on increasing the risk that the offender will repeat the crime. In the conditions of globalization, digitization and international legal harmonization, the system of execution of criminal sanctions requires a high degree of common international rules that define and regulate executive criminal legislation.

It is indicated that humanism is based on natural human qualities that create and support it. The main one is humanity, or humanity, which includes compassion, care and attention to other people, the desire to preserve and improve the habitat, as well as respect and good attitude to all living things. Humanism covers not only ideas, but also rules of life, forming a worldview that offers individuals certain norms of behavior. It is noted that the reform of the criminal law and the penitentiary system, taking into account the humanization of such legal institutions as the execution and serving of punishments, made it possible to bring domestic legislation closer to international standards in this area. The need to humanize the serving of punishment as a condition for ensuring the legal status of convicts is due to several factors: increased attention to the legal status of the individual, since a person, his rights and freedoms are the highest value; the need to include the convict in the system of socially beneficial public relations; humanization of the activity of the criminal enforcement system, which involves respect for the rights, freedoms and dignity of the person, the openness of the system, as well as constructive cooperation with various social, human rights, religious and other organizations. As a result, the author claims, the process of humanizing the criminal-executive system as a whole in the conditions of its reformation is long and multi-staged. The positive outcome of this process is significantly influenced by changes in the economic, social, legal and other spheres, as well as criminal and criminal enforcement policies carried out by the state. Thus, in order to form in convicts the skills of a law-abiding lifestyle, the penitentiary system should be a model for them in the field of observing human rights and basic freedoms. Humanization has nothing to do with impunity and permissiveness. Humane treatment of the convict should be considered as an opportunity that gives a chance to return to society as a law-abiding citizen. This, in particular, includes the possibility in the process of corrective influence to restore lost socially useful connections.

In the article the author emphasizes that non-execution of court decisions in Ukraine is currently a systemic problem, which is incompatible with the right to a fair trial, stipulated in Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Taking into account the position of the Supreme Court, it is concluded that in addition to the general obligatory features (status of an individual, sanity, age from which criminal liability may arise), the subject of non-execution of a court sentence has an inherent obligatory special feature – the presence of a person’s obligation and real opportunity to enforce this court sentence. The scientific approach and judicial practice regarding criminal liability under Art. 382 of the Criminal Code of Ukraine of a person convicted of committing a criminal offense by a relevant court sentence are criticized, because the Criminal Code of Ukraine also contains other criminal law prohibitions aimed at ensuring the implementation of sentences passed by courts – this is evasion of punishment not related to deprivation of liberty, evasion of serving a sentence in the form of restriction of liberty and in the form of deprivation of liberty, intentional failure to fulfill an agreement on reconciliation or on admission of guilt. According to the rules for overcoming the competition of general and special norms of the law on criminal liability, it is the special norm that should be applied in this case. The author proves that depending on the circumstances such actions of a person convicted of committing a criminal offense by a court sentence may be qualified under Art. 389, 389-1, 390, 390-1 of the Criminal Code of Ukraine. The subjects of non-execution of a court sentence may be officials of the relevant bodies (institutions) that are obliged to execute the court sentence. The legislator also uses the signs of a special subject to differentiate criminal liability providing for them as qualifying signs – the commission of such acts by an official, an official who holds a responsible or especially responsible position, a person previously convicted of a crime provided for in Art. 382 of the Criminal Code of Ukraine. The opinion on changing the term «person previously convicted of a crime provided for in this Article», used by the legislator in Part 3 of Art. 382 of the Criminal Code of Ukraine, to the term «person who has a conviction for a crime provided for in this Article» is supported.

In determining whether Article 35(1) of the Criminal Code aggravates the offense and Article 62(1) disqualifies the defendant from probation, the Supreme Court ruled that the “date of completion of the sentence of imprisonment” should be considered as the date on which the defendant is actually released from prison due to a change in the order of execution of the sentence. If the “date of the defendant's actual release from prison” is used as the benchmark, it would include the period of “lockup at workhouser” imposed as a penalty for failure to pay fines or minor fines. However, in light of the principle of non-inferential interpretation of criminal statutory law, the principle of clarity, the principle of textual interpretation, and the intention of the legislator at the time of enactment of the Criminal Code, the scope of ‘sentence of imprisonment without prison labor or more severe punishment’ includes 'imprisonment' and 'imprisonment without prison labor', not fines or minor fines. As the Supreme Court interpreted, the inclusion of “transportation to lockup at workhouser” as an alternative to “fine or minor fine” in cases other than those in which a free sentence was initially imposed would be tantamount to creating a law by interpretation, which is a legislative act, and thus violates the principle of separation of powers. The Supreme Court held that the prosecutor's decision to change the order of execution of the sentence was not an abuse of discretion because the prosecutor may have made the change at the request of the defendant, and the change in the order of execution of the sentence was for the 'benefit of the prisoner', i.e. to fulfill the 'full payment of fine or minor fine’ as one of the prerequisites for parole. However, the issue of whether the prosecutor's 'change of sentence' was an abuse of discretion and the interpretation of the scope of the 'sentence of imprisonment without prison labor or higher' stipulated in Articles 35(1) and 62(1) of the Criminal Code are separate issues. Furthermore, even if a procedure is established for a prisoner's consent or application for a 'change in the order of execution of the sentence' in relation to the future placement of the prisoner in labor, the scope of the effect of such consent or application is limited to the benefit of fulfilling the parole requirements, while the disadvantage of a certain increase in the total number of days of detention may result. In short, the existence of a prisoner's consent or application for a 'change in the order of execution of the sentence' does not change the scope of interpretation derived from the 'sentence of imprisonment without prison labor or more than imprisonment without prison labor' stipulated in Articles 35(1) and 62(1) of the Criminal Code.

Corruption crimes not only cause legal losses, but also significant economic losses to state finances. One of the legal instruments used to recover these losses is additional punishment in the form of restitution. The Public Prosecutor (JPU) has a strategic role in executing restitution based on a court decision that has permanent legal force. This research aims to analyze the authority of the Public Prosecutor in executing restitution and examine the implementation mechanism within the framework of the Non-Tax State Revenue (PNBP) system. By using the normative juridical method, this research examines applicable legal provisions such as the Criminal Procedure Code, Anti-Corruption Law, Prosecutor's Office Law, and Non-Tax State Revenue Law, and is analyzed through a legal policy and economic approach. The results of the study show that the authority of the prosecutor in the execution of restitution already has a strong legal basis, but its implementation still faces challenges such as difficulties in tracking assets, overlapping rules, and not optimal institutional synergy. The mechanism for depositing restitution as PNBP also requires system integration, transparency, and increased institutional capacity in order to make a real contribution to the recovery of state finances. This study recommends reforming execution procedures, strengthening inter-agency cooperation, and developing an information technology-based reporting system to improve the effectiveness and accountability of restitution execution in Indonesia.

This study, by reexamining the philosophy of qisas al-nafs in Imami jurisprudence and Iranian criminal law, demonstrates that qisas, contrary to revengeful and violent interpretations, is a rights-based institution limited by the principle of equivalence. Its objective is to restore the disturbed moral and social balance through a proportionate response to intentional homicide, to restrain the cycle of blood vengeance, and to consolidate collective security, rather than to merely eliminate the offender physically. Within this framework, qisas functions as a right that can be claimed, forgiven, or converted by the victim’s next of kin, and it is carried out through judicial procedures under the supervision of a judge and within the bounds of human dignity—including prohibitions against mutilation, excessive harm, and the obligation to act benevolently in execution—so that both the deterrent principle and the dignity of even the offender are preserved. The study further shows that this intrinsic logic of qisas, in light of the maqasid al-shari‘ah (objectives of Islamic law) and the rule of preserving life (hifz al-nafs) and maintaining public order, tends toward limiting the scope of harsh punishments and preferring restorative and life-affirming alternatives. This interpretation aligns with the Qur’anic principle “and for you in retribution there is life” (wa lakum fi al-qisasi hayatun), such that “life” is understood not only as the deterrence of future killings but also as the creation of actual possibilities for life for others. The third and fourth discussions explore the feasibility of an alternative model in which the victim’s heirs, instead of demanding the traditional implementation of qisas al-nafs, may—by virtue of their rights to reconciliation and waiver, and under conditions of the convict’s informed and non-coerced consent, with judicial and medical oversight—choose to convert their right into a mechanism for organ donation, thereby saving the lives of patients on the verge of death. This is contingent upon safeguarding the dignity of the condemned person throughout and after the process, prohibiting any form of coercion or humiliation, ensuring the separation of the jurisdictions of the execution judge and the medical ethics committee, and institutionally guaranteeing the jurisprudential legitimacy of exercising or waiving the right. The conclusion drawn is that qisas can transcend the mere logic of terminating the offender’s life and evolve into a dignity-centered mechanism of justice that is simultaneously deterrent and life-giving for society as a whole.

The article explores the sociocultural and linguistic aspects related to the issue of purity in speech communication within the sphere of penal enforcement. This activity is oriented toward creating the necessary conditions for the social reintegration of convicts, where speech communication between staff of penal enforcement bodies and institutions and the convicts themselves plays a decisive role. Since words carry images and meanings, their use reflects not only the level of thinking but also a person’s value-based attitude toward the surrounding world, which is highly significant in the process of rehabilitating convicts. In this regard, the study examines such sources of risk for speech communication deformations as criminal slang (jargon) and bureaucratic officialese, often used both in official documents of penal enforcement institutions and in the informal speech of their personnel. The methodological basis of the study includes general scientific methods (dialectical, descriptive, etc.), as well as structural-semantic analysis, comparative legal, and historical-legal methods. The language material was drawn from scholarly works in philology and jurisprudence, as well as publications in academic and periodical literature on historical and legal topics. The research builds on the negative sociocultural experience of the GULAG, where the concentration of a large number of prisoners in the 1930s–1950s and their subsequent mass release—without proper resocialization—contributed to the widespread dissemination of criminal subculture in society, reflected in the mass use of criminal jargon. Attention is drawn to the fact that this jargon is still generated within the convict environment and transmitted to society.  At the same time, bureaucratic officialese in the speech communication of penal enforcement agencies is an extremely undesirable phenomenon, reflecting a functional-instrumental, depersonalized approach to individuals manifested, for example, in terms such as "labor utilization" and "labor employment" of convicts. The study conclusion emphasizes the need to ensure the purity of speech communication in penal enforcement.

The article examines the current promising trends in the professional training of employees of the penitentiary system. The conducted express review of modern aspects of professional training of employees of the penal enforcement system allows us to identify the following trends: the use of distance learning technologies, along with traditional training, and a competent combined version of their use and "necessary castling" in the textbook of academic disciplines; regular interactive interaction of subjects of the educational process through an electronic information and educational environment; the use of multimedia technologies as additional learning tools in modern education; additional classes with students on digital hygiene in interaction with various information systems and software products; the use of electronic textbooks, audio-visual aids and interactive courses as alternatives to traditional textbooks, teaching aids in printed form; the use of webinars as an effective form of interactive classes with students; the possibility of developing cognitive processes (attention, memory, thinking, etc.) in students through the use of intelligence simulators - on the example of professional training of psychologists of law enforcement agencies; personalized training. The relevance and discussion of relatively new concepts in modern education, psychology and pedagogy, which are designated as "digital engagement" and "digital professionalism", is noted. Today, the digital transformation of scientific and educational activities sets guidelines for the key areas of development of modern Russian education, taking into account the values for both students (students, cadets, employees of the penal correction system) and the state as a whole.

This article examines criminal legislation norms focused on addressing extremism and terrorism issues within the penal enforcement system. It confirms that prevention strategies rely on a combination of state and public measures for effectiveness. Results indicate significant attention to combating extremism and terrorism, with a general decline in related crimes. However, the penal enforcement system in Kazakhstan requires improvement, given the public's distrust and the demand for reliable information on state actions against extremism and terrorism in prisons. The analysis reveals a dual approach to preventing extremism and terrorism in prisons: halting the radicalization of convicts and implementing special measures for social rehabilitation, promoting a rejection of radical ideology. It emphasizes that prevention is secondary to punishment, posing challenges during the sentence-serving period, where a blend of diverse influence methods is necessary. Recent studies, including our research, stress the importance of information about extremist ideology involvement both within and outside prisons. Strengthening transparency, information dissemination, personnel training, utilizing preventive mechanisms, respecting prisoners' rights, and upholding democratic values are crucial aspects for the penal enforcement system.

The article considers various aspects of the influence of the norms of the Russian Constitution on the formation and development of penal enforcement law. The author does not support the position that the Constitution is a direct source of law of this branch. At the same time, there are a number of manifestations of the determining role of the Constitution for penal legislation, in addition to the traditionally mentioned in the literature influence of Chapter 2 of the Constitution on the legal status of convicts. This refers to the very name of the criminal-executive law, to the definition of the range of sources of legislation, to the establishment of its correlation with universally recognised international acts. The author considers the prohibition of ‘violence’ contained in the Constitution and the Criminal Executive Code, which equates all violence with torture, as unrealistic and very controversial from the standpoint of international standards. A systemic interpretation of the norms of the Constitution and universally recognised international acts does not allow to regard the compulsory labour contained in the Code for the majority of prisoners sentenced to imprisonment as a violation of the constitutional prohibition of forced labour. This should be reflected in the norms of the General Part of the Penal Enforcement Code of the Russian Federation. Taking into account the amendments to the Constitution of Russia adopted in 2020, it is advisable to adapt to modern conditions the previously successful experience of involving representatives of civil society in the implementation of penal enforcement policy. The content of Article 9 of the Code on the concept of correction of convicted persons should also be clarified in the direction of greater compliance of its content with the traditional values of Russian society. In our opinion, it makes sense to specify it: "Correction of convicts is the formation of their readiness and ability to consciously comply with the requirements of the criminal law in the spirit of respect for man, society, the state and the basic traditional moral values of Russian society". The latter are formulated in Article 5 of the Decree of the President of the Russian Federation dated 9 November 2022. No. 809 "On Approval of the Principles of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values": life, dignity, human rights and freedoms, patriotism, citizenship, service to the Fatherland and responsibility for its fate, high moral ideals, strong family, creative labour, priority of spiritual over material, humanism, mercy, justice, collectivism, mutual assistance and mutual respect, historical memory and continuity of generations, unity of the peoples of Russia.

Reforming the criminal application legislation in the national legal system is critical. This research uses the paradigm of legal constructivism and the type of research used is juridical-sociological. Criminal law enforcement regulations are currently still scattered in various laws and regulations, it is not impossible that they will disrupt the law enforcement system, especially in the implementation of criminal decisions/actions. Character building is an effort to establish a conservation value system to achieve the value of justice, the value of certainty and the value of benefit in law enforcement for the implementation of criminal law. Therefore, efforts are needed to enforce the law on the implementation of criminal law through a juridical-scientific-religious approach that is oriented (guided) on “science” (criminal implementation law) and “God’s guidance”. The juridical-scientific religious approach is realized as a concrete effort to reform the law through reforming the substance and culture of the law. In reforming the legal substance, the religious approach is carried out by making religious teachings a source of motivation, inspiration, and creative evaluation source in building legal people with noble character, so that concrete efforts must be developed in the content of national legal development policies.

Throughout the history of criminal law, the criminal policies of various societies have adopted different approaches in response to criminal phenomena. Each of these approaches has emerged from specific factors and circumstances that have prevailed over societies at different times, and they are rooted in theoretical foundations that may lean toward either harshness or leniency in the treatment of offenders. Broadly speaking, these approaches can be categorized into three models: punitive, clinical, and social support. In the model referred to as the punitive model, the central focus is on punishing the offender who has knowingly and intelligently chosen the path of criminal conduct. Thus, the punitive model, with its emphasis on retribution, distinguishes itself from the other two models. The punitive model holds particular importance due to its earlier emergence and the fact that it has been the preferred model of criminal policy for numerous reasons. The revival of this model and the regression from the other two models in many societies confirm its enduring significance. In the context of the Iranian criminal justice system as well, despite the official adoption of a de-penalization approach, there are still instances where policies are explicitly punitive in nature. Given the importance of this issue, the present article adopts a descriptive-analytical and library-based method to examine the theoretical foundations of penal orientation and its practical manifestations in the Iranian criminal justice system. The findings indicate that the theoretical foundations of penal orientation fall into two broad categories: deontological theories, which emphasize the moral function of punishment, and utilitarian theories, which stress the benefits of enforcing punishment. Accordingly, the foundations of penal orientation are shaped by at least three major theories: retributivism, deterrence, and incapacitation. The first theory stems from deontological thought, while the latter two are rooted in utilitarian reasoning. In Iran’s criminal justice system, evidence of penal orientation can be observed in several legal enactments, such as the Law on the Protection of Promoters of Virtue and Preventers of Vice (2015), the Plan for Intensifying the Fight Against Violent Crimes (2011), the Law on Combating the Financing of Terrorism (2015), the Law on the Punishment of Individuals Engaging in Unauthorized Audio-Visual Activities (2007), and the Islamic Penal Code (2013).

The article discusses the issues of socio-educational and educational discourse on the problem of overcoming tolerance and indifference to manifestations of any kind of corruption in society in the context of social interaction. The promotion of anti-corruption policy ideas at all levels of humanitarian cooperation has a key impact on the formation and strengthening of intolerance in the social space towards corruption abuses and various manifestations of this antisocial phenomenon in the financial and economic sphere, in the information and digital environment, etc. The problem of corrupt behavior is very relevant in social practice. The analysis of anti-corruption behavior is related to applied and theoretical areas of law enforcement activities: from criminal law and civil regulatory to educational, ethical and value-based. The Federal Penitentiary Service has established and complies with anti-corruption restrictions, requirements for the official conduct of officials, civil servants, and civilian personnel, and implements appropriate administrative and legal procedures to combat corruption and its manifestations.

The article analyzes the provisions of penal enforcement legislation and criminology related to the conditions of detention of persons sentenced to serve a criminal sentence in the form of imprisonment for committing crimes of a terrorist nature and extremist orientation, and considers a differentiated approach to determining the conditions of detention of this category of convicts. According to the results of the study, it is proposed to introduce a number of amendments to the Penal Enforcement Code of the Russian Federation, which can not only be a sure step towards the prevention and suppression of terrorist and extremist ideology in places of detention, but also contribute to the effective fight against terrorism and extremism as socially dangerous phenomena. As part of the application of a differentiated approach to the execution of imprisonment in relation to this category of convicts, it is proposed to divide them into conditions of detention. In addition, a proposal has been formulated to expand the list of conditions of detention for this category of persons.

The eradication of corruption in Indonesia, as regulated by Law Number 31 of 1999 on the Eradication of Corruption Crimes, remains predominantly oriented toward retributive sanctions. In contrast, the new Indonesian Criminal Code (KUHP) introduces a progressive and participatory penal policy paradigm by incorporating Restorative Justice (RJ) to restore victims' losses and strengthen social balance. This divergence in orientation creates potential ambiguity in law enforcement, particularly regarding the scope and criteria for applying RJ to corruption, which has long been categorized as a crime against the public interest. Previous studies have mainly concentrated on the effectiveness of punitive sanctions, leaving limited scholarly attention to the normative dimensions of RJ's integration into anti-corruption law and its compatibility with international regimes such as the United Nations Convention against Corruption (UNCAC), asset recovery mechanisms, civil recovery, non-conviction-based confiscation, and deferred prosecution agreements. This study aims to fill that gap by offering a normative framework harmonizing restorative justice principles with anti-corruption enforcement. Employing normative juridical research with a statute approach and a conceptual approach, this paper highlights the potential of RJ to complement punitive measures, enhance asset recovery, and align national law with global standards. This research contributes to proposing a more coherent and integrated anti-corruption penal policy that balances deterrence with restorative outcomes. In doing so, it enriches the academic discourse on Indonesia's criminal law reform. It provides a conceptual foundation for policymakers to design a corruption eradication regime that is consistent, effective, and internationally compatible.

Policies for resolving religious blasphemy in Indonesia are regulated in Law Number 1/PNPS/1965 concerning the Prevention of Blasphemy of Religion and Article 156a of the Criminal Code. Sentences are often repressive and do not fulfill the value of justice. The formulation of the problem in this article is: what is the criminal law policy in the settlement of blasphemy and what kind of settlement model is chosen to handle the case. This research method is normative legal research with a statutory approach based on primary legal materials. The research results show that the imposition of punishment is the main solution. Meanwhile, the model chosen in the resolution of defamation of freedom of expression according to the concept of restorative justice uses an integrated approach that tries to implement penal and non-penal efforts simultaneously to fulfill justice for the perpetrators of defamation, including involving the role of the community through the Religious Communication Forum (FKUB). Suggestions that need to be conveyed are that criminal law policies are still being implemented, but harsh criminal sanctions are softened by using the concept of restorative justice, bearing in mind that not every case of blasphemy deserves a harsh sentence.

The phenomenon of atypical sources of law is considered by the author from the standpoint of judicial lawmaking, referring to the judiciary, firstly, as the creator of atypical rules of judicial activity and, secondly, as a subject of law enforcement. Such an approach should contribute to increasing the practical purpose of atypical sources in judicial activity in the development of fair decisions based on equality of all before the law.It is important to take into account the various, deeply rooted historical legal traditions of the formation and use of atypical sources of law in modern legal systems. Based on the analysis of the historical prerequisites and conditions of judicial law-making in the Romano-German and Anglo-Saxon systems, their philosophical and ideological features, orientation to moral and ethical criteria of justice or to the philosophy of pragmatism, the correlation of general patterns and national features of the formation of judicial precedent principles and other forms of atypical sources of judicial law enforcement is analyzed.In the modern domestic judicial and legal system, the judicial and law-making activity of the Constitutional Court of Russia is of particular importance, on the basis of which a system of real (judicial) constitutionalism is formed as a kind of genetic basis, a prerequisite for the formation of precedent and other atypical sources of judicial law enforcement, the assertion of “the right of the court”. This implies a high level of constitutionalization of all branches of legislation, as well as law enforcement practice. On this basis, a system of atypical sources of judicial law enforcement is being formed, the main guidelines for which are constitutional principles and values. Therefore, the system of atypical sources of judicial law enforcement should include not only the so-called additional, secondary sources of law; for judicial law enforcement activities, a kind of “meta-sources” of law are of fundamental importance, which in this capacity can also be considered among atypical sources, but not the “secondary”, but the fundamental level of judicial law enforcement.Within the framework of the conducted research, a general scientific methodology was used, special legal methods of cognition were applied, including the texts of court decisions were analyzed from the point of view of their axiological nature, legal obligation, universality of relevant conclusions, the systematization of legally significant normative legal phenomena that can be attributed to the constitutional system of atypical sources of judicial law enforcement, regardless of their formal-legal legislative recognition as such.

The article examines the functions of the regime of execution and serving of criminal sentences in penal colonies and pre-trial detention centers. The author points out that the functions of the regime of execution and serving of criminal sentences in penal colonies and pre-trial detention centers are very important for ensuring the efficiency of their activities and safety. The article points out that the regime includes a number of basic functions aimed at achieving the goal of serving a sentence – correction, re-socialization of convicts and prisoners, and social adaptation of persons released from penal colonies and pre-trial detention centers. The article examines the types of functions and their significance. It is believed that the main purpose of the function is to reform convicted persons by forming new value orientations, and consolidating the norms of morality and law and order. It is noted that in correctional colonies and pre-trial detention centers, convicts are given the opportunity to receive education, vocational training and develop their skills. Such measures contribute to correction and prevent further illegal behavior of persons released from correctional colonies and pre-trial detention centers. Key words: penal institution, correctional colony, pre-trial detention center, convict, prisoner, legal status, punishment, regime, functions of the regime of execution and serving of sentences, correction, resocialization, prevention.

The article explores the realization of law as a fundamental mechanism for manifesting the value-based nature of the state. It argues that the law, beyond its formal regulatory function, acts as a societal instrument for affirming and institutionalizing core values such as freedom, justice, human dignity, equality, and solidarity. The realization of law, therefore, is viewed not merely as the technical enforcement of norms, but as a dynamic process that transforms abstract legal provisions into lived social practices grounded in democratic ideals. The study pays particular attention to the interdependence between the realization of law and the development of legal consciousness among citizens. It is noted that the extent to which law becomes a real force in social life largely depends on the level of legal culture, civic engagement, and trust in state institutions. In this context, the role of the state is viewed as pivotal. It is the state that must ensure the effective functioning of mechanisms that guarantee the enforcement of legal norms and the protection of human rights. These mechanisms include law-making that reflects social values, efficient legal enforcement, accessible and independent judicial protection, the operation of constitutional justice, the activity of the ombudsman, and the implementation of international legal standards. The article analyzes how the state functions as a guarantor of rights and freedoms through its institutions and policies, ensuring that legal values are not limited to declarative texts but are actively realized in legal practice. It is emphasized that overcoming legal nihilism and restoring confidence in law and justice require not only systemic legal reforms but also the ethical commitment of the state to uphold the principles of the rule of law. Furthermore, the article addresses the threats posed by the formalistic application of law without regard to its value orientation. The author warns that such an approach undermines the moral foundations of legal order and weakens the state’s legitimacy. Therefore, the realization of law must be rooted in a value-conscious framework that aligns state policy with human rights and the public good. The conclusion underlines that the realization of law is inseparable from the broader project of democratic statebuilding. Only through consistent efforts to implement legal norms in a value-oriented manner can the state fulfill its constitutional mission as a custodian of justice and social harmony. Key words: realization of law, legal values, rule of law, dignity, freedom, justice, legal culture, statehood.

The article analyzes the issues of the relationship between legal ethics and philosophy of law, which belongs to the circle of fundamental questions of both modern legal science and practical law enforcement. Legal ethics is formed as a system of professional moral principles that determine the appropriate standards of behavior for representatives of the legal community, and therefore the historical dimension of legal ethics is key to its understanding. Limiting the study to only the latest concepts would mean ignoring the roots of modern legal thought. The first ethical requirements for judges, prosecutors, and defense attorneys appeared as early as antiquity and the Middle Ages, although they were often informal in nature. The actual codification of professional standards, which we call codes of legal ethics, took place mainly in the 19th and 20th centuries, when legal corporations acquired clear signs of professional self-government. Codification is intended to ensure public confidence in justice, the legitimacy of law enforcement, and adherence to value orientations in law enforcement. The philosophy of law, in turn, serves as a theoretical and worldview foundation that allows us to comprehend the nature of law, its ontological and axiological dimensions, and to determine its place in the system of social regulators. Referring to the classical heritage of St. Thomas Aquinas is important for understanding the relationship between law and morality: the thinker viewed law as a manifestation of a higher moral order based on the “eternal law” (lex aeterna), which is a reflection of divine reason and natural law. His concept emphasizes that any legal norm must be morally justified. In turn, Hugo Grotius, one of the founders of modern natural law theory, emphasized the autonomy of law from divine revelation, believing that even “if God did not exist” (etsi Deus non daretur), natural law would still be valid. This position became key to the establishment of a secular tradition of understanding law and the formation of universal ethical guidelines in the legal sphere. Thus, the integration of ethical and philosophical-legal approaches – from medieval concepts to early modern natural law theory – creates the basis for a contemporary understanding of the role of legal ethics as a guarantor of the moral legitimacy of law enforcement practice.

The article examines the levels of legal awareness of citizens of Ukraine and law enforcement agencies through the prism of protecting human rights and freedoms, outlines the features of their legal culture and the role of the sociology of law in this process. It is noted that the sociology of law identifies a number of conditions for the effectiveness of the operation of legal norms. Among them are the features of legal awareness and behavior of citizens who comply with or violate the requirements of a legal norm, legal practice. The permissible limits of legal awareness are determined by the degree to which its properties correspond to generally accepted standards, regulatory and legal models, standards that are legalized in society and act as principles of the social system. Legal awareness reflects a qualitative cross-section of knowledge about law, understanding of its necessary importance, its inclusion in the mechanism of personal motivation of everyday and situational behavior. The formation of legal awareness occurs under the influence of socio-political, economic, cultural factors, as well as morality, religion, etc. Legal awareness, being a basic component of the legal life of society, manifests itself in the form of legal knowledge, value attitude to law and the practice of its implementation, the corresponding value-normative principles that regulate the behavior of people in society. Hence its peculiarity as an orientation towards the formation of conditions for the realization of their rights by subjects of law. Also, the perception and reproduction of life situations from the perspective of social justice, lawful behavior and freedom is defined as a defining feature of legal awareness. Deformations of legal awareness, distorted ideas about the significance of law and its manifestations are manifested in legal nihilism, which demonstrates a low level of legal culture in general. It is emphasized that legal awareness in general contributes to the consolidation of society, strengthening legality and law and order, and acts as the most important means of protecting the rights and freedoms of man and citizen. The conclusion is made that legal awareness is part of the individual worldview and the basis of the legal space of society. It is a reflection of the mentality of a person, which embodies the totality of knowledge, value orientations, legal relations, and lawful behavior in legally significant situations. Institutionalization in a society of law and order is the key to the formation of legal consciousness. A formed legal consciousness is a key prerequisite for the effective protection of rights and freedoms, as it ensures the active position of Ukrainian citizens and the integrity of the actions of government representatives. Ukrainian citizens, knowing their rights and being ready to protect them, become demanding of the state, and the government, realizing its responsibility, properly fulfills its obligations.

The case of khalwat or pairing between a man and a woman who are not mahram is one of the violations regulated in Qanun Aceh Number 6 of 2014 concerning the Law of Jinayat. However, in practice, the settlement of khalwat cases in Aceh is often resolved through customary channels, utilizing the penal mediation approach, in line with Aceh Qanun Number 9 of 2008, which concerns the Development of Customs and Traditions. This study aims to analyze how penal mediation is applied in the settlement of khalwat cases, as per customary law in Aceh, and the extent to which it contributes to creating restorative justice. The method used is a literature research with a juridical-normative and sociological approach to the literature and related laws and regulations. The results of the study show that penal mediation in the settlement of khalwat prioritizes social recovery, peaceful settlement, and family values rather than formal sanctions. However, this practice faces obstacles such as the absence of standard procedures and weak coordination between customary institutions and law enforcement officials. Therefore, stronger regulations and supervision are needed to ensure that penal mediation runs fairly, legally, and follows applicable legal principles.

This study explores the legal position and implementation of restorative justice in Indonesia as a progressive approach to criminal law reform. Initially introduced through Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, restorative justice emphasizes the involvement of victims, offenders, and the community in resolving criminal cases with a focus on restoration rather than retribution. Although its application has gradually expanded to adult offenders, it remains partially regulated and lacks a comprehensive statutory foundation. This paper applies a qualitative method using a normative juridical and descriptive-analytic approach, based on legal materials, statutory provisions, and institutional regulations. The findings reveal that restorative justice in Indonesia has not yet been codified into a single unified law. Instead, its practice is fragmented across various institutional regulations, such as those issued by the Indonesian National Police, the Attorney General's Office, and the Supreme Court. The study highlights several issues, including the inconsistent application of restorative justice, the persistence of retributive legal culture among victims, and the urgent need to reduce prison overcrowding. It argues that restorative justice offers an effective alternative to imprisonment by promoting conflict resolution, victim-offender reconciliation, and community-based justice. The incorporation of restorative justice into Indonesia’s Draft Criminal Code and institutional frameworks signifies a growing shift toward legal modernization, social justice, and the realization of Pancasila-based values in the national penal system.

The article proposes several ideas that make up the ideological, legal, and ethical prerequisites, which, in the author’s opinion, have a significant impact on the formatting and reformatting of the construction of human rights in the modern Russian version. Regulatory and law enforcement decisions are used as demonstration samples of the results of this impact, mainly from the field of family and work, including their doctrinal interpretation. Among these guidelines are the ideas of national sovereignty of approaches to human rights, their constitutional and judicial interpretation based on discretion, «weighing» public and private interests, as well as the actual development of ambiguous rights and freedoms, strengthening the role of the duty structure, subtle interaction of formal legal, ethical and religious principles.

Despite many years of attempts by scholars and practitioners to determine the reason for the extremely low level of public trust in the judiciary and law enforcement agencies in Ukraine and ways to strengthen it, this level is still critical, and therefore there is a need to identify new ways to overcome such a crisis. Seeing such public distrust in the legal right of procedural decision-makers to make decisions based on their internal conviction, the study aims to review and analyse the scientific developments in the field of procedural decision-making by law enforcement agencies based on their internal conviction and to identify the factors which influence such conviction. Analysis, synthesis, and generalisation methods were used in the study of the outlined issues, which were used to process the bibliography of the issues, whereas deductive logical analysis, inductive generalisation and analogy were used to substantiate the results and formulate the conclusions of the study. Based on the study results, it is established that scholars have studied the concepts of worldview and internal conviction of procedural decision-makers separately. It is proved that any internal conviction is based primarily on a personʼs values and worldview orientations which are formed throughout life, primarily in childhood and adolescence. Regardless of the position held by a person, when faced with a problem in professional activity on which the law enforcement entity has already formed an opinion, the latter may make a procedural decision contrary to the actual circumstances of the case and the evidence available in it. The practical significance of this study is that the results obtained may become the basis for changes in the current legislation on the assessment of candidates for positions with discretionary powers, which involves focusing on their value beliefs and worldview

The article indicates the relevance of the problem of forming the value attitude of cadets of the law school of the Federal Penitentiary Service of Russia towards a person as a personal education that has a structure that includes cognitive, motivational-evaluative, emotional and activity components. The content of the motivational-evaluative component of the value attitude of a law school cadet of the Federal Penitentiary Service of Russia towards a person is substantiated as a set of values that take the form of motives for the implementation of the cadet’s value attitude towards a person and serve as criteria for assessing such an attitude. It is argued that the grounds for choosing values that form the content of the motivational-evaluative component of the cadet’s value attitude towards a person are, firstly, the orientation of the value towards another person; secondly, the requirements for an employee of the penal system, reflected in the Code of Ethics and Official Conduct of employees and federal civil servants of the penal system. The values that form the content of the motivational-evaluative component of the value attitude of cadets towards a person are identified: «goodness», «trust», «duty», «dignity», «mercy», «responsibility», «conscience», «justice», «benefit», «tolerance», «respect for another person», «honor». The characterization of these values is carried out in the context of the official activity of a penitentiary system employee, for the implementation of which cadets are being trained at the law school of the Federal Penitentiary Service of Russia.

The stage of penal execution occupies a special place in criminal cases, as the intervention of the judiciary is no longer limited to merely pronouncing the verdict and deciding the appropriate penalty. Rather, it has extended to the stage of punitive execution, by involving the judiciary in supervising the implementation of criminal penalties. This is to guarantee the rights of the prisoner and to prevent tyranny from the administration and its dominance over the implementation stage (Prisons Law Regulating 2398 and Implementing decree), in order to achieve the social goals of punitive treatment. For this reason, the system of the sentence enforcement judge was created, with a view towards approving the principle of judicial control over the stage of criminal execution. The Moroccan legislator, in turn, was keen to reform and update the legal system in accordance with the human rights values stipulated in international covenants and treaties. The importance of this research lies in its discussion of the issue of judicial institutions in charge of monitoring prison institutions, especially the sentence enforcement judge’s apparatus. It does this through analytical, descriptive and comparative approaches, and by monitoring the contribution to visiting prison institutions, monitoring the legality of detention, and monitoring the rights of prisoners and disciplinary procedures. The research recommends working to strengthen the role of the institution of the sentence enforcement judge to achieve the prisoner’s best interest and seriously activate his rights in practice by amending texts and benefiting from the experiences of other countries, and making more effort and further endeavors, despite the difficulties that limit this, to ensure a fair implementation alongside a fair trial and within the framework of the diversity of mechanisms which always seek to activate and guarantee the rights of the prisoner.

The article analyzes life imprisonment as a type of criminal punishment. The existing approaches to reflecting this type of punishment in the criminal legislation of the Republic of Belarus and foreign countries are considered. Its socio-legal nature with all the social and legal consequences that come from it is explored, the content is determined through the prism of a set of significant restrictions and deprivations of a person’s personal freedom. Attention is drawn to the exclusivity and alternativeness of this type of punishment in the Republic of Belarus, and other features of its application in the Republic of Belarus. Limitations for the use of life imprisonment as an exceptional form of punishment are considered. The position is substantiated that this type of punishment, in terms of the content of punitive legal restrictions, is a type of deprivation of liberty. The Belarusian and foreign practice of applying life imprisonment is analyzed. The content of the goals of criminal liability when applying life imprisonment is revealed, the main orientation of which is the achievement of the maximum preventive effect – the implementation of private and general prevention, as well as implying a correctional process, the result of which is the law-abiding behavior of the convicted person. Particular attention is paid to the progressive system of execution of this punishment, as well as to the analysis of foreign practices of releasing convicts after a certain period of time. In conclusion, the directions for implementing the elements of a progressive system for the execution of this type of punishment are highlighted (in the direction of both improving and worsening the conditions of serving). Proposals are made to improve the legal regulation regarding serving a sentence of life imprisonment in the context of the development of a progressive penal system.

This study aims to analyze the orientation and implications of the legalization of the Draft Criminal Code (RKUHP) to become Law No. 1 of 2023 concerning the Criminal Code (New Criminal Code) regarding the legal system theory of Lawrence M. Friedman. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the orientation of Lawrence Friedman’s legal system regarding the ratification of the Draft Criminal Code is that the aspects of legal substance in the New Criminal Code have adopted Indonesian legal values and culture by applying the concept of restorative justice. From the aspect of legal structure, implementing the New Criminal Code in a transitional manner for three years has an orientation to provide socialization. From the aspect of legal culture, the orientation of restorative justice involves the public in the criminal justice process. The implication of Lawrence Friedman’s legal system puts forward the substance of customary law as the applicable law, related to the idea of restorative justice to the affirmation that imprisonment is a last resort. That has implications for the need for judges to understand customary law. From the aspect of the legal structure, the roles of judges, prosecutors and other law enforcement officials are also prioritized to provide the essence of justice in implementing the New Criminal Code. From the aspect of legal culture, the role and participation of the community are essential in efforts to prevent and enforce criminal law in society.

The criminal justice system in Indonesia has several components, including the Police, Prosecutor's Office, Court, Corrections, and advocates. In running the justice system in Indonesia, several components must comply with human rights, including the protection of human rights for perpetrators and human rights for victims.

This study investigates the legal protection and implementation of rights for pregnant women in detention at the Class IIA Women’s Correctional Facility in Medan, Indonesia. Although Indonesian correctional law and human rights instruments provide normative guarantees, their realization is constrained by structural and institutional challenges. Using an empirical juridical approach and qualitative case study design, data were collected through semi-structured interviews with key prison staff, direct observation, and analysis of relevant legal and policy documents, including the Directorate General of Corrections’ Basic Health Service Standards. Findings indicate that while basic healthcare, medical referrals, nutritional support, and partial psychosocial services are available, their effectiveness is limited by the absence of obstetric specialists, lack of dedicated housing for pregnant detainees, budget constraints, and insufficient continuous psychosocial support. This highlights a gap between formal legal guarantees and substantive protection, demonstrating that formal equality alone cannot address the differentiated needs of pregnant detainees. Policy recommendations include measurable operational standards, intersectoral integration with local healthcare services, gender- and human rights-based staff training, and performance-oriented evaluation. The study contributes to socio-legal scholarship by emphasizing that effective protection of vulnerable groups depends on both normative frameworks and institutional capacity oriented toward human-centered justice.

Overcrowding in Indonesian correctional institutions is a chronic problem that has serious impacts on the effectiveness of prisoner development and human rights protection. This article aims to analyze overcrowding in relation to the implementation of the Open Correctional Institution (open prison) system and its relevance to the objectives of punishment as regulated in the new Criminal Code, namely Law Number 1 of 2023. This study uses a normative legal method with a statutory and conceptual approach. The results of the study indicate that the implementation of punishment through open prisons is in line with the spirit of criminal law reform which emphasizes rehabilitative and restorative punishment. Open prisons are not only an alternative solution to the overcrowding crisis, but also a strategic means to realize the objectives of punishment in the new Criminal Code, including empowering perpetrators, resolving conflicts, and social reintegration. Therefore, it is necessary to strengthen regulations, resources, and change the paradigm in law enforcement so that the open correctional system can be implemented optimally and sustainably in the Indonesian legal system.

The penal system in Indonesia must undergo reforms, considering the complexity of legal violations and the demands for the protection of human rights. The transformation from a prison-based system to a correctional system aims to improve the approach toward prisoners, focusing on rehabilitation and social reintegration. This research employs a descriptive qualitative approach. One of the major issues in the correctional system is overcrowding, which results from repressive penal regulations that do not prioritize the principle of ultimum remedium. To address this, alternative approaches such as Community-Based Corrections (CBC) are being explored. Through this program, prisoners can be rehabilitated outside correctional facilities under community supervision, which reduces pressure on prisons and accelerates the social reintegration process. However, the implementation of CBC faces challenges related to unclear regulations and complex bureaucracy

Parole is a prisoner's right that includes four main conditions under Law Number 22 of 2022 concerning Corrections, without considering the rights of victims. The absence of consideration for victims' rights in the conditions for granting parole results in the violation of human rights for victims. This research discusses, first, the clash between victims' rights and prisoners' rights in granting parole to prisoners convicted of fighting and persecution at the Pangkalpinang Class IIA Penitentiary. Second, it examines the rights of victims as a basis for consideration in granting parole to prisoners convicted of fighting and persecution. The purpose of this study is to determine and analyze how the clash of rights and legal protection of victims is related to the granting of parole to prisoners convicted of fighting and persecution in Pangkalpinang City. The research employs an empirical juridical approach, using a statutory approach and data collection techniques through in-depth interviews with qualitative analysis. The results of this study reveal, first, a conflict between the rights of prisoners convicted of fighting and persecution to be granted parole and the human rights of victims due to the absence of consideration for victims' rights in granting parole under Law Number 22 of 2022 concerning Corrections. Preventive legal protection is carried out by the Correctional Institution in collaboration with the Correctional Center, supervised by the Directorate General of Corrections, to form a Community Research policy that listens to the opinions of victims in granting prisoners' rights and supervises to prevent prisoners from repeating criminal acts. Repressive legal protection is in the form of criminal sanctions and administrative sanctions. Second, the consideration of victims' rights in parole is not maximized, as it is only a secondary factor and does not significantly affect the granting of parole to prisoners convicted of fighting and persecution.

This study aims to analyze the reconstruction of the correctional system within Indonesia’s criminal justice framework following the enactment of Law Number 22 of 2022 on Corrections. The shift from Law Number 12 of 1995 to the new regulation marks a significant paradigm change in penal policy-from a narrow interpretation focused on imprisonment to a broader correctional approach that is more corrective, rehabilitative, and restorative. Employing a normative legal research method with conceptual and statutory approaches, this study explores the evolving roles, responsibilities, and positioning of corrections within the entire criminal justice process, from pre-adjudication to post-adjudication stages. The findings indicate that the previous construction of corrections as merely executing custodial sentences is outdated and no longer compatible with legal developments, social dynamics, or contemporary demands for human rights protection. Law No. 22 of 2022 expands the mandate of corrections as a penitentiary system integrated with other key regulations such as the Penal Code (KUHP), Criminal Procedure Code (KUHAP), and Juvenile Justice Law (UU SPPA). Consequently, a redefinition of the concept, structure, and function of corrections is required to ensure adaptability, institutional effectiveness, and alignment with modern penal paradigms. This study concludes that the reconstruction of Indonesia’s correctional system must be understood as a systemic transformation, not merely an administrative revision, to support a more humane, transformative, and nationally contextualized criminal justice system.

This study examines the implementation of the Prisoner Development Assessment System (SPPN) at Ternate State Prison, guided by Ministerial Regulation No. 35/2018 and the Director General of Corrections’ Decree PAS-10.OT.02.02/2021, aimed at ensuring objective behavioral assessments and human rights protection. Using a qualitative approach and Edward III’s (1980) policy implementation theory, the research identifies key obstacles: ineffective communication, inadequate technical training, and weak supervision, which hinder optimal SPPN execution (Syahrul et al., 2020). Findings reveal that despite policy commitment, implementation remains conditional, with limited outreach and resource constraints exacerbating disparities compared to urban prisons like Tangerang (Shania Damayanti & Mulyani Rahayu, 2023). The study highlights the urgent need for structured training, digital tools, and cross-facility comparisons to enhance SPPN efficacy. Implications suggest that addressing these gaps could improve rehabilitation outcomes, reduce recidivism, and align correctional practices with national bureaucratic reform goals.

Overcrowding in correctional institutions significantly affects the effectiveness of inmate rehabilitation, human rights protection, and social reintegration, particularly in Indonesia and Thailand. This study aims to analyze the regulatory framework and implementation of correctional systems in both countries and conduct a comparative analysis to identify best practices. The research uses a normative juridical method with descriptive-comparative approaches (statute approach and comparative approach), utilizing primary, secondary, and tertiary legal materials as well as library research. The results indicate that Indonesia, through Law No. 22 of 2022 on Corrections and the new Criminal Code, regulates assimilation, integration, and community service as alternative punishments, yet implementation is limited due to overcrowded prisons and insufficient community involvement. Thailand, through the Probation Act B.E. 2522, Corrections Act B.E. 2560, and Narcotics Act B.E. 2522, effectively supports community-based corrections, open prisons, halfway houses, and official volunteer supervision. The effectiveness of correctional systems depends on the alignment of legal norms, institutional capacity, and community participation.

Correctional institutions are very important in the Indonesian criminal justice system. Here, prisoners receive education and training to reintegrate into society. They still have the same basic rights. This concept evolved from the changing values and goals of the criminal justice system. Indonesia is transitioning to restorative justice to transform prisoners into mentally and physically healthy individuals, who can contribute to society. The protection of the basic rights of prisoners is an obligation in every correctional institution. This is not only because it is a human right of prisoners, but it is also regulated in the Corrections Act. Furthermore, the realization of these basic rights can help the education and development process of prisoners in correctional institutions.

This study aims to examine the urgency of fulfilling the right to search biology in the context of Law Number 22 of 2022 concerning Corrections and Human Rights. The research method used is a normative juridical research method, by conducting a literature study and analysis of related documents. Based on the research results, the fulfillment of the right to fulfill biological needs is a very important need and must be a priority in the correctional system in Indonesia. Protection of debilitating biological rights not only impacts health and daily life, but also impacts the health and safety of society as a whole. Law Number 22 of 2022 concerning Corrections and Human Rights has regulated the protection of rehabilitation rights, including biological rights. However, the implementation of the law still needs more attention and improvement. Concrete actions are needed from those responsible for ensuring that biological rights are fulfilled, such as increasing access to health services, improving environmental conditions in prisons, improving the quality of food provided, ensuring protection against acts of violence, and providing sufficient attention to mental health assistance. . In addition, there is also a need for cooperation between various related parties to increase the fulfillment of the biological rights of the request.

This research examines the evolution of criminal law in Indonesia with specific focus on its relationship with human rights protection frameworks. The study employs qualitative research methodology to analyze how criminal law reforms have incorporated human rights principles, particularly in the context of the new Criminal Code (Law Number 1 of 2023). Through comprehensive document analysis and normative juridical approach, this research identifies key developments, challenges, and implementation gaps in Indonesia's criminal justice system. The findings reveal a significant paradigm shift from colonial-era punitive approaches toward more balanced frameworks that consider human rights protections, though several contradictions and implementation challenges persist. The research concludes that while Indonesia has made substantial progress in harmonizing its criminal law with international human rights standards, further reforms are needed to address remaining inconsistencies and ensure effective implementation of human rights protections within the criminal justice system. This study contributes to the ongoing discourse on balancing state sovereignty with international human rights obligations in criminal law development.

The Indian Constitution codifies the values of justice, liberty, equality, and dignity of every citizen even the ones in jail. Nevertheless, the realities of Indian jails reveal an outrageous gap between the constitutional principles and institutional facts. This paper is a critical analysis of the human-rights case scenario in Indian prisons, considering how the provision of constitutional promises is being met. Using notable Supreme Court rulings, governmental reports, including Prison Statistics India 2022, and international practices, including the United Nations Nelson Mandela Rules, the study shows some enduring problems of overcrowding, custodial violence, lack of healthcare, gender inequality, and delayed justice. The analysis shows that even with progressive legal structures and judicial activism, systemic inefficiency, absence of accountability and administrative apathy are still affecting the basic rights of the prisoners in Articles 14, 19, and 21 of the Constitution. The paper is also based on the necessity of structural changes based on efficient introduction of the Model Prison Manual 2016 and increased monitoring of the work by the NHRC and incorporation of rehabilitative efforts aimed at mental health, education and social reintegration. Eventually, the study concludes that the solution to the constitutional promise and prison reality gap lies in a rights-based, humane, and reformative strategy that will make prisons be institutions of correction but not punishment in order to complete the true spirit of constitutional justice.

Abstract A significant portion of the misunderstanding surrounding China’s human rights protection stems from a failure to consider its legal progress in light of China’s unique cultural, ideological, and political contexts. The Criminal Procedure Law of China is closely linked to constitutional principles and the fundamental first generation of human rights, providing a clear framework for understanding China’s efforts in human rights protection. As widely accepted standards for human rights codification, Articles 9, 17, and 14 of the International Covenant on Civil and Political Rights (ICCPR) outline the right to personal liberty, privacy, and the defense of the accused. Initially, China’s Criminal Procedure Law of 1979 fell short of meeting these global standards. However, with substantial revisions in 1996, 2012, and 2018, this specific code has progressively aligned with the covenant’s requirements, marking significant strides in human rights protection in China. Despite these advances, there remains room for improving the Criminal Procedure Law, especially under the challenges of the digital age. China, alongside other nations, will focus on building a more comprehensive, robust, and globally integrated legal framework to address the forthcoming issues.

 Juvenile gang crime develops rapidly, which hinders the growth of minors and causes great social harm. The situation is shocking. In order to give full play to the role of punishment and protection of criminal law and fully implement the principle of “the most beneficial to minors”, it is important to implement the criminal policy of combining leniency with severity, strike, and protect at the same time, strictly grasp the standards of ruthless means and bad circumstances, promote the improvement of the graded intervention system for delinquent minors, and separate the minors who are really difficult to educate from other delinquent minors. At the same time, optimizing the pattern of assistance and education is necessary and building a comprehensive governance system that pays equal attention to punishment and prevention.

No abstract available

This article explores whether the law should provide criminals with treatment beyond what they deserve, using cases such as "purchasing Indian generic drugs on behalf of patients who were acquitted" as a starting point, and combining various legal theories and historical experiences to construct an analytical framework for legal leniency. Firstly, by comparing the core differences between retribution justice and restorative justice, Kant's deontological theory and Bentham's utilitarianism, and legal formalism and case justice, it is pointed out that law needs to seek a balance between normativity and moral evaluation. Secondly, from the three dimensions of criminal type, illegal nature, and subjective mentality, it is argued that the law should make flexible judgments based on differences in criminal motives, social harm, and other factors. Furthermore, practical standards are proposed to distinguish between leniency and severity, including the nature of the crime and personal attitude, social risks and benefits, and to warn of the judicial risks that may arise from excessive leniency. Ultimately advocating the concept of moderate justice, through multi-factor evaluation, neutral verification procedures, etc., to achieve the unity of legal rigidity and discretionary flexibility, and achieve substantive justice.

This article examines the problems of proportionality of criminal punishment in the Republic of Kazakhstan, the effectiveness of its application and its compliance with the goals of criminal policy. If we talk about the relevance of this topic, it should be noted that punishment is one of the key instruments of criminal law aimed at implementing state policy in the field of combating crime and protecting public interests. Modern judicial practice shows that the penalties imposed do not always correspond to the severity of the crime committed, which can lead to unjustified severity or, conversely, excessive leniency of sanctions. This calls into question the achievement of the main goals of punishment – the restoration of social justice, the correction of the convicted person and the prevention of new criminal offenses. The relevance of the study is also determined by the need to improve criminal legislation, taking into account the principles of fairness and effectiveness. An important aspect is to eliminate the disproportionality of punishments, when different sanctions can be imposed for crimes of similar public danger, which reduces public confidence in the judicial system. In addition, examples of judicial practice are given, showing the shortcomings of the existing system of punishments, as well as the influence of procedural factors on the final punishment. al attention is paid to alternative punishments such as restriction of liberty, fines and community service, as well as their impact on the correction of offenders. It is proposed to reform criminal legislation by reducing the gap between minimum and maximum sentences with a narrower range, for example, from 3 to 5 years, from 5 to 7 years, and so on, as well as eliminating restriction of liberty as an alternative to imprisonment for serious crimes.

In recent years, China’s criminal structure has shown a trend toward leniency in sentencing, with minor offense cases accounting for a significantly increased proportion. However, the existing criminal record sealing system exhibits a substantial disconnect from governance demands. Individuals with minor criminal records persistently face employment discrimination and social ex-韩娜

This article takes the thought experiment of "two people competing for the only water source in the desert" as a reference to explore whether the law should give criminals more treatment than they deserve, and clearly advocates that the law should be based on ethical requirements and social environmental facts to provide situational forgiveness to criminals. The article first criticizes the drawbacks of continuous harsh punishment: it points out that it is prone to becoming revenge and deviates from the essence of justice centered on balance. Combining Aristotle's view of justice, it argues that harsh punishment cannot achieve justice and may instead exacerbate social opposition. Subsequently, an alternative path of leniency-oriented criminal rehabilitation was proposed. In response to the opposing view that leniency will condone crime, the article distinguishes between "unprincipled indulgence" and "situational disposal", emphasizing that punishment should consider situational factors such as the offender's motivation and social background, and uphold procedural justice to enhance the offender's willingness to abide by the law. Finally, this article points out that criminal responsibility and punishment exist in a complex space where morality and law intersect. The legal system should impose punishment based on situational analysis, inject principled forgiveness and reform goals, avoid falling into pure retaliation, and safeguard justice and promote social progress.

The use of diversion in Indonesia’s juvenile justice system aims to protect children from harmful stigmatization and provide rehabilitation. The objective of the study is to analyze the application of diversion in two court decisions: Decision Number 9/Pid.Sus-Anak/2022/PN Kwg and Decision Number 14/Pid.Sus-Anak/2022/PN Kwg. The research employs a normative juridical and descriptive-analytical approach through a literature review. The findings demonstrate that the application of diversion depends on the type of offense and the condition of the child. Decision Number 9 sentenced the child to 3 years and 6 months of imprisonment for a case of child sexual intercourse, whereas Decision Number 14 imposed 120 hours of community service for theft. The analysis reveals that judicial considerations are influenced by the severity and impact of the offense, and underscore the importance of balancing law enforcement with the protection of the child’s future. This research shows that judicial discretion plays a crucial role in determining the implementation of diversion, highlighting the importance of aligning legal enforcement with restorative justice and child protection principles.

ABSTRACT Traumatic brain injury (TBI) is common among justice-involved persons, creating substantial health and economic burdens owing to its association with a range of adverse psychosocial outcomes. No study to date has synthesised extant knowledge about TBI across the whole criminal justice pathway. We aimed to conduct a systematic review of the literature on TBI across this pathway, from arrest through to release from custody. Following PRISMA guidelines, five key electronic databases (PubMed, PsychInfo, Medline, Embase, Cinahl), Proquest Dissertations & Theses Global, Cochrane Database of Systematic Reviews, Web of Science, and grey literature were searched up to May 2023. Fifty-six reports met inclusion criteria. Three more reports were added after review. TBI prevalence rates ranged from 5.65% to 100% with higher rates among persons experiencing federal incarceration, justice-involved adolescents, and justice-involved veterans in the US. Severity of TBI was mostly mild. Studies reported positive associations between TBI and many psychosocial outcomes including violence, incarceration rates, cognitive impairment, mood disorders, psychosis, substance use disorders, and socioeconomic deprivation. Other adverse outcomes included reduced participation in educational activities and increased utilisation of mental health services. More research is needed to establish the true prevalence of TBI in criminal justice systems and the relationship between TBI and psychosocial as well as criminogenic outcomes.

ABSTRACT:Over the past 30 years federal and state policies have increasingly pursued a harsh, "tough on crime" position. With the "war on drugs" and allied changes in sentencing practices and policing policies, the US has witnessed a sharp increase in the proportion of citizens incarcerated or under some form of supervision by the state. This transformation has fallen with special severity on African Americans, especially low-income black males. To many analysts, the deepening racialization of the chances of criminal incarceration was at least a foreseeable, if not predictable and intended, consequence of these policy changes. The purpose of this essay, based on new focus group research and newly designed national sample survey data, is to assess the perceptions and consequences of these changes for African Americans' judgments about the legitimacy of the criminal justice system.

The policy of decriminalization has been embraced within the Iranian criminal justice system, and it is assumed that under such circumstances, this policy should be uniformly reflected across criminal laws. However, in certain cases, contradictory and opposing approaches by the legislature can be observed. On one hand, the legislator aims to moderate punishments; on the other hand, a completely different orientation supports punitive and severity-based policies. Under such circumstances, the ordinary living space of citizens turns into a penalized environment, leading to the marginalization of justice-centered approaches and the dominance of security-driven and punitive tendencies in the realm of criminal law. Given the significance of this issue, the present article adopts a descriptive-analytical and library-based methodology to examine the contradiction between penal populism and decriminalization policies in Iran's criminal justice system. According to the conducted analysis, it can be stated that the new legislative period (beginning in 2013) may be referred to as a period of expanded decriminalization policies. Nevertheless, from a policy depth perspective, within both general and specific laws, signs of tension between penal populism and decriminalization—or a lack of confidence in the new regulatory frameworks—persist. Examples of this contradiction can be found in several statutes, including the Law on the Protection of Promoters of Virtue and Preventers of Vice (2015), the Plan for Intensifying the Fight Against Violent Crimes (2011), the Law on Combating the Financing of Terrorism (2015), the Law on the Punishment of Persons Involved in Unauthorized Audiovisual Activities (2007), and the Islamic Penal Code (2013). A notable manifestation of penal populism is particularly evident in the Islamic Penal Code (2013), which reveals a strong inclination toward the use of severe punishments. Therefore, it is imperative for the legislator to address and rectify the contradiction between penal populism and decriminalization by undertaking the necessary legal reforms aligned with the overarching national policy of adopting minimal penal intervention.

. Restorative justice is currently being utilised as an alternative method for resolving criminal cases. As this approach continues to evolve, there have been numerous instances where judges have considered implementing Restorative Justice efforts during trials as a factor in determining the severity of punishment. This study aims to identify the legal foundation for implementing Restorative Justice at the Court Level and examine the considerations made by judges when applying Restorative Justice in sentencing criminal cases. This research employs a prescriptive normative legal research methodology, incorporating both a statutory approach (statute approach) and a contextual approach (conceptual approach). Primary and secondary legal materials and relevant non-legal materials are utilised in this study. The findings of this research demonstrate that the Supreme Court has long embraced the concept of restorative justice through implementing policies. Furthermore, it has become a significant factor for judges to consider when making decisions.

There is growing interest in the use of neurointerventions to reduce the risk that criminal offenders will reoffend. Commentators have raised several ethical concerns regarding this practice. One prominent concern is that, when imposed without the offender’s valid consent, neurointerventions might infringe offenders’ right to bodily integrity. While it is commonly held that we possess a moral right to bodily integrity, the extent to which this right would protect against such neurointerventions is as-yet unclear. In this paper, we will assess whether, why, and how severely three forms of neurointervention might infringe the right to bodily integrity. We show that the severity of the infringement of the right to bodily integrity differs across different forms of neurointervention. Moreover, we argue that mental and behavioral effects of neurointerventions could in some cases be relevant to determining the severity of infringements of the right to bodily integrity.

Punishment plays an important role in the criminal justice system. It aims to maintain social order and respond to legal violations. Over time, various punishment theories have emerged, with retributive and reformative approaches being the most notable. The retributive theory is based on the idea that punishment should match the severity of the crime. It serves as a moral response to wrongdoing. In contrast, the reformative theory emphasizes rehabilitating offenders and aiding their reintegration into society. Modern criminal law tries to strike a balance between these two opposing views. This paper examines the growth and application of retributive and reformative punishment theories within the Indian criminal justice system. It looks at the retributive elements in the statutory penalties specified in the IPC and the BNS, 2023.Simultaneously, this study also points out methods like probation, plea bargaining, community service, and the juvenile justice system, which focus on rehabilitating offenders. This study shows hybrid mode of punishment where balance is maintained to ensure justice, social stability and constitutional values.

This article explores whether the law should give criminals more than they deserve, taking Shakespeare's paradox of "treating everyone as they deserve, who can be exempt from whipping" as the starting point, and explicitly advocates that the law should not give criminals more leniency than they deserve. Specifically, this article argues from three aspects. Firstly, based on moral responsibility and rational choice, Kant's deontological theory and the theory of retributive justice both emphasize that criminals, as rational moral subjects, need to bear the consequences of their own actions. Excessive leniency will negate their autonomy and dignity, such as the Yao Jiaxin case and the Anders Breivik case, which both confirm the recognition of rational responsibility for deserved punishment; Secondly, from the perspective of victim rights, Nozick's theory of rights points out that excessive leniency at the expense of victim rights may lead to private revenge, and the Zhang Cuo case reflects the destruction of social order by the lack of formal justice; Thirdly, from the perspective of the rule of law and the principle of proportionality, excessive leniency violates the principle of proportionality between crime and punishment, damages the objectivity and impartiality of the law, and the application of tools such as algorithmic sentencing also needs to be based on deserved punishment. Meanwhile, in further analysis, this article distinguishes between leniency based on legal legitimacy (such as considering minors and individuals with mental disorders) and emotional leniency, emphasizing the possibility of the latter eroding judicial rationality.

Petty crimes are among the significant issues related to criminal justice, as despite their limited impact, their high frequency leads to psychological pressure and anxiety while affecting public order. This necessity has prompted the present study. The aim of this article is to examine the critical question of how the procedural rules governing petty crimes can be assessed in the context of the McDonaldization of the criminal justice system. This study is descriptive-analytical and employs a library research method to address the aforementioned question. The findings indicate that crime control, efficiency, calculability, and predictability are the most critical principles of the McDonaldization of the criminal justice system. These principles lead to the adoption of zero-tolerance policies and broken windows theory while also promoting the use of non-judicial methods to expedite proceedings. The results suggest that the procedural rules governing petty crimes in Iranian criminal law align with the McDonaldization of the criminal justice system in some instances while deviating from it in others. For example, the suspension of prosecution contradicts the efficiency and zero-tolerance policy derived from the McDonaldization of criminal justice. Meanwhile, summary proceedings without an indictment and referral to mediation align with the principle of expediting proceedings under the McDonaldization of criminal policy, as these methods prevent trial delays. However, overall, the criminal policy of procedures governing petty crimes reflects a form of legislative tolerance and leniency toward petty crime offenders, which is inconsistent with efficiency and zero-tolerance policies.

Restorative Justice (RJ) as an alternative mechanism for resolving criminal cases aims to restore relationships between offenders and victims through mediation and peaceful agreements. However, the implementation of RJ in Indonesia often deviates from its foundational principles, potentially turning into a form of transactional justice. This study employs a normative legal analysis method combined with case studies of a 2023 rape case in the Ministry of Cooperatives and SMEs and a school arson case in Garut involving Munir Alamsyah. The approach includes statutory review and conceptual analysis of Restorative Justice principles. The findings reveal that weak oversight, regulatory gaps, and lenient interpretations render RJ vulnerable to misuse, often sidelining victims’ rights and resulting in substantive injustice. This paper concludes that the application of RJ in Indonesia requires stricter supervision and regulatory reform to prevent misuse and ensure the protection of victims rights.

Administrative prejudice is one of the phenomena that make up the specifics of the national legal culture. Administrative prejudice refers to the procedures for establishing criminal liability for recidivism of administrative offenses. At this, neither legislators nor the academic community have agreed on a single interpretation of the essence of administrative prejudice. the validity of its introduction into the criminal law (whether the totality of administrative offenses is the basis for their qualification as elements of a complex offense), and criteria for its effectiveness. The lack of theoretical certainty of administrative prejudice phenomenon in the history of Russian jurisprudence raised issues related both to the practical implementation of the norm in question and to the scope of its compliance with the principle of social justice, a fundamental parameter of legal culture. The purpose of the study is to determine the conformity of institutions with administrative prejudice and the concept of social justice in the framework of improving the norms of legal culture. Materials and methods. The research used general scientific (analysis, deduction) and special legal methods (comparative legal analysis, method of legal interpretation). To achieve this goal, regulations, scientific publications and electronic resources of official websites of legal reference legal systems were used. Results. The issues of correlation between the concept of justice and the format of practical implementation of administrative prejudice identified the problem of compliance of the norm of transformation of administrative responsibility into criminal responsibility with the basic principles of legal culture. In particular, a set of contradictions was identified related to the problem of double punishment, a subjective interpretation of the offender's personality, ensuring the norms of legal equality, the conformity of punishment with the severity of the offense, and the presumption of innocence as inherent components of administrative prejudice. Conclusions. The Russian legal culture has developed antonymic polar approaches to the conformity of the norms of administrative prejudice and the resources of their enforcement with the principles of social justice. The concept of combining various offenses as the basis of criminal prosecution contradicts the law and the parameters of defining a crime as multiple and as a single one. The basis for characterizing an offense as a crime is an act that constitutes a significant public danger, which contradicts the composition of an administrative offense. The norms of administrative prejudice constitute an ambiguous system based on interpreting a set of repeated offenses as malicious recidivism, which obviously cannot be proven and, therefore, constitutes a violation of the basic principles of criminal law.

Fallon documents the source of misguided interrogations and torture after 9/11.

In September 2015, the member states of the United Nations endorsed sustainable development goals (SDG) for 2030 that aspire to human rights-centered approaches to ensuring the health and well-being of all people. The SDGs embody both the UN Charter values of rights and justice for all and the responsibility of states to rely on the best scientific evidence as they seek to better humankind. In April 2016, these same states will consider control of illicit drugs, an area of social policy that has been fraught with controversy, seen as inconsistent with human rights norms, and for which scientific evidence and public health approaches have arguably played too limited a role. The previous UN General Assembly Special Session (UNGASS) on drugs in 1998 – convened under the theme “a drug-free world, we can do it!” – endorsed drug control policies based on the goal of prohibiting all use, possession, production, and trafficking of illicit drugs. This goal is enshrined in national law in many countries. In pronouncing drugs a “grave threat to the health and well-being of all mankind,” the 1998 UNGASS echoed the foundational 1961 convention of the international drug control regime, which justified eliminating the “evil” of drugs in the name of “the health and welfare of mankind.” But neither of these international agreements refers to the ways in which pursuing drug prohibition itself might affect public health. The “war on drugs” and “zero-tolerance” policies that grew out of the prohibitionist consensus are now being challenged on multiple fronts, including their health, human rights, and development impact. The Johns Hopkins – The pursuit of drug prohibition has generated a parallel economy run by criminal networks. Both these networks, which resort to violence to protect their markets, and the police and sometimes military or paramilitary forces that pursue them contribute to violence and insecurity in communities affected by drug transit and sales. In Mexico, the dramatic increase in homicides since the government decided to use military forces against drug traffickers in 2006 has been so great that it reduced life expectancy in the country. Injection of drugs with contaminated equipment is a well-known route of HIV exposure and viral hepatitis transmission. People who inject drugs (PWID) are also at high risk of tuberculosis. The continued spread of unsafe injection-linked HIV contrasts the progress that has been seen in reducing sexual and vertical transmission of HIV in the last three decades. The Commission found that that repressive drug policing greatly contributes to the risk of HIV linked to injection. Policing may be a direct barrier to services such as needle and syringe programmes (NSP) and use of non-injected opioids to treat dependence among those who inject opioids, known as opioid substitution therapy (OST). Police seeking to boost arrest totals have been found to target facilities that provide these services to find, harass, and detain large numbers of people who use drugs. Drug paraphernalia laws that prohibit possession of injecting equipment lead PWID to fear carrying syringes and force them to share equipment or dispose of it unsafely. Policing practices undertaken in the name of the public good have demonstrably worsened public health outcomes. Amongst the most significant impacts of pursuit of drug prohibition identified by the Commission with respect to infectious disease is the excessive use of incarceration as a drug-control measure. Many national laws impose lengthy custodial sentences for minor, non-violent drug offenses; people who use drugs (PWUD) are over-represented in prison and pretrial detention. Drug use and drug injection occur in prisons, though their occurrence is often denied by officials. HIV and hepatitis C virus (HCV) transmission occurs among prisoners and detainees, often complicated by co-infection with TB and in many places multidrug-resistant TB, and too few states offer prevention or treatment services in spite of international guidelines that urge comprehensive measures, including provision of injection equipment, for people in state custody. Mathematical modelling undertaken by the Commission illustrates that incarceration and high HCV risk in the post-incarceration period can contribute importantly to national HCV incidence amongst PWID in a range of countries with varying levels of incarceration, different average prison sentences, durations of injection, and OST coverage levels in prison and following release. For example, in Thailand where PWID may spend nearly half their injection careers in prison, an estimated 63% of incident HCV infection could occur in prison. In Scotland, where prison sentences are shorter for PWUD and OST coverage is relatively high in prison, an estimated 54% of incident HCV infection occurs in prison, but as much as 21% may occur in the high-risk post-release period. These results underscore the importance of alternatives to prison for minor drug offences, ensuring access to OST in prison, and a seamless link from prison services to OST in the community. The evidence also clearly demonstrates that drug law enforcement has been applied in a discriminatory way against racial and ethnic minorities in a number of countries. The US is perhaps the best documented but not the only case of racial biases in policing, arrest, and sentencing. In 2014, African American men were more than five times more likely than whites to be incarcerated in their lifetime, though there is no significant difference in rates of drug use among these populations. The impact of this bias on communities of people of color is inter-generational and socially and economically devastating. The Commission also found significant gender biases in current drug policies. Of women in prison and pretrial detention around the world, a higher percentage are detained because of drug infractions than is the case for men. Women involved in drug markets are often on the bottom rungs – as couriers or drivers – and may not have information about major traffickers to trade as leverage with prosecutors. Gender and racial biases have marked overlap, making this an intersectional threat to women of color, their children, families, and communities. In both prison and the community, HIV, HCV and TB programmes for PWUD – including testing, prevention and treatment – are gravely underfunded at the cost of preventable death and disease. In a number of middle-income countries where large numbers of PWUD live, HIV and TB programmes for PWUD that were expanded with support from the Global Fund to Fight AIDS, TB and Malaria have lost funding due to changes in the Fund’s eligibility criteria. There is an unfortunate failure to emulate the example of Western European countries that have eliminated unsafe injection-linked HIV as a public health problem by sustainably scaling up prevention and care and enabling minor offenders to avert prison. Political resistance to harm reduction measures dismisses strong evidence of their effectiveness and cost-effectiveness. Mathematical modeling shows that if OST, NSP and antiretroviral therapy for HIV are all available, even if the coverage of each of them is not over 50%, their synergy can lead to effective prevention in a foreseeable future. PWUD are often not seen to be worthy of costly treatments, or they are thought not to be able to adhere to treatment regimens in spite of evidence to the contrary. Lethal drug overdose is an important public health problem, particularly in light of rising consumption of heroin and prescription opioids in some parts of the world. Yet the Commission found that the pursuit of drug prohibition can contribute to overdose risks in numerous ways. It creates unregulated illegal markets in which it is impossible to control adulterants of street drugs that add to overdose risk. Several studies also link aggressive policing to rushed injection and overdose risk. People with a history of drug use, over-represented in prison because of prohibitionist policies, are at extremely high risk of overdose when released from state custody. Lack of ready access to OST also contributes to injection of opioids, and bans on supervised injection sites cut off an intervention that has proven very effective in reducing overdose deaths. Restrictive drug policies also contribute to unnecessary controls on naloxone, a medicine that can reverse overdose very effectively. Though a small percentage of PWUD will ever need treatment for drug dependence, that minority faces enormous barriers to humane and affordable treatment in many countries. There are often no national standards for quality of drug dependence treatment and no regular monitoring of practices. In too many countries, beatings, forced labor, and denial of health care and adequate sanitation are offered in the name of treatment, including in compulsory detention centres that are more like prisons than treatment facilities. Where there are humane treatment options, it is often the case that those most in need of it cannot afford it. In many countries, there is no treatment designed particularly for women, though it is known that women’s motivations for and physiological reactions to drug use differ from those of men. The pursuit of the elimination of drugs has led to aggressive and harmful practices targeting people who grow crops used in the manufacture of drugs, especially coca leaf, opium poppy, and cannabis. Aerial spraying of coca fields in the Andes with the defoliant glyphosate (N-(phosphonomethyl glycine) has been associated with respiratory and dermatological disorders and with miscarriages. Forced displacement of poor rural families who have no secure land tenure exacerbates their poverty and food insecurity and in some cases forces them to move their cultivation to more marginal land. Geographic isolation makes it difficult for state authorities to reach drug crop cultivators in public health and education campaigns and it cuts cultivators off from basic health services. Alternative development programmes meant to offer other livelihood opportunities have poor records and have rarely been conceived, implemented, or evaluated with respect to their impact on people’s health. Research on drugs and drug policy has suffered from the lack of a diversified funding base and assumptions about drug use and drug pathologies on the part of the dominant funder, the US government. At a time when drug policy discussions are opening up around the world, there is an urgent to bring the best of non-ideologically-driven health science, social science and policy analysis to the study of drugs and the potential for policy reform. Concrete experiences from many countries that have modified or rejected prohibitionist approaches in their response to drugs can inform discussions of drug policy reform. A number of countries, such as Portugal and the Czech Republic, decriminalised minor drug offenses years ago, with significant savings of money, less incarceration, significant public health benefits, and no significant increase in drug use. Decriminalisation of minor offenses along with scaling up low-threshold HIV prevention services enabled Portugal to control an explosive unsafe injection-linked HIV epidemic and likely enabled the Czech Republic to prevent one from happening. Where formal decriminalisation may not be an immediate possibility, scaling up health services for PWUD can demonstrate the value to society of responding with support rather than punishment to people who commit minor drug infractions. A pioneering OST program in Tanzania is encouraging communities and officials to consider non-criminal responses to heroin injection. In Switzerland and the city of Vancouver, Canada, dramatic improvements in access to comprehensive harm reduction services, including supervised injection sites and heroin-assisted treatment, transformed the health picture for PWUD. Vancouver’s experience also illustrates the importance of meaningful participation of PWUD in decision-making on policies and programmes affecting their communities. Policies meant to prohibit or greatly suppress drugs present a paradox. They are portrayed and defended vigorously by many policy-makers as necessary to preserve public health and safety, and yet the evidence suggests they have contributed directly and indirectly to lethal violence, communicable disease transmission, discrimination, forced displacement, unnecessary physical pain, and the undermining of people’s right to health. Some would argue that the threat of drugs to society may justify some level of abrogation of human rights for protection of collective security, as is also foreseen by human rights law in case of emergencies. International human rights standards dictate that in such cases, societies still must choose the least harmful way to address the emergency and that emergency measures must be proportionate and designed specifically to meet transparently defined and realistic goals. The pursuit of drug prohibition meets none of these criteria. Standard public health and scientific approaches that should be part of policy-making on drugs have been rejected in the pursuit of prohibition. The idea of reducing the harm of many kinds of human behavior is central to public policy in the areas of traffic safety, tobacco and alcohol regulation, food safety, safety in sports and recreation, and many other areas of human life where the behavior in question is not prohibited. But explicitly seeking to reduce drug-related harms through policy and programmes and to balance prohibition with harm reduction is regularly resisted in drug control. The persistence of unsafe injection-linked HIV and HCV transmission that could be stopped with proven, cost-effective measures remains one of the great failures of the global responses to these diseases. Drug policy that is dismissive of extensive evidence of its own negative impact and of approaches that could improve health outcomes is bad for all concerned. Countries have failed to recognise and correct the health and human rights harms that pursuit of prohibition and drug suppression have caused and in so doing neglect their legal responsibilities. They readily incarcerate people for minor offenses but then neglect their duty to provide health services in custodial settings. They recognize uncontrolled illegal markets as the consequence of their policies, but they do little to protect people from toxic, adulterated drugs that are inevitable in illegal markets or the violence of organized criminals, often made worse by policing. They waste public resources on policies that do not demonstrably impede the functioning of drug markets, and they miss opportunities to invest public resources wisely in proven health services for people often too frightened to seek services. To move toward the balanced policy that UN member states have called for, we offer the following recommendations:

Incarcerated individuals, over 95% of whom are eventually released, experience high burdens of chronic disease and behavioral health and social risk factors. Understanding the health needs of this population is critical to ensuring that general medicine physicians in prisons and in the community are adequately prepared to meet those needs. However, people in prison are significantly underrepresented in health research. In response to historical exploitation of prisoners in medical experimentation, federal guidelines appropriately require additional oversight for, and limit the scope of, research in prisons. Yet, according to a 2006 Institute of Medicine report, these requirements have produced inconsistent local regulations that often limit opportunities for incarcerated individuals to participate in research, and can slow the development of innovative medical interventions to improve their health. In this article, we describe the historical context surrounding regulations on research involving individuals in prison, the harms that can arise from excessive limitations to research in such settings, and the benefits of greater access to ethically conducted research in prison. We conclude with recommended actions that can be taken by general medicine researchers, correctional leaders, and policymakers to achieve consistent access to health research for incarcerated populations.

This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the "mainlandization" of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as "rule by the people," "absence of the presumption of innocence," "leniency for self-confession and severity for resistance," and "toeing the party line," RJ would be devoid of any restorative substance and could breach the principles of due process.

A Senior U.S. District judge in New York provided early release to a man convicted of conspiring to traffic in cocaine because, the judge said, the prisoner's advanced HIV disease warranted a shortening of the sentence. While courts are allowed to make such judgments, they differ on what level of disease severity qualifies for leniency, occasionally creating conflicting decisions. The judge in this case cited scientific literature and court opinions on unjustified fears some prisoners have about a fellow prisoner's HIV infection. Noting that the prisoner, [name removed], resisted antiretroviral drugs because he feared ostracism, and realizing [name removed] might be held in restricted confinement because of his HIV status, the judge reasoned the full sentence of 12 to 15 years would be too harsh.