Original scientific paper
State administrative bodies in the penal system
Boris Ljubljanović
; Faculty of Law, Josip Juraj Strossmayer University in Osijek, Osijek, Croatia
Abstract
At the moment, there are two basic models of execution of penal sanctions in the European states. According to the first, administrative model, almost all tasks of execution of penal sanctions, particularly of prison sentences, are entrusted to state administrative bodies. In the second, court model, the tasks of execution of penal sanctions are divided between state administrative bodies and courts. In the reform of 1999, Croatia adopted court model, modelled after German and French law(s). The reformed Croatian law of execution of prison sentences has adopted international standards considering prisoners’
position and rights. However, certain changes and amendments of that
law are necessary due to the harmonisation with the European prison rules. Nevertheless, the research of practices considering prisoners’ rights protection via the judge of execution, which was introduced as a protective measure in the course of the above mentioned reform, has shown that judicialisation of prison sentence execution as provisioned by the law, has not been justified. The practice has shown that court protection of prisoners’ rights has not been more efficient than the one provided by administrative bodies. The establishment of court jurisdiction in the execution of penal sanctions is a matter of future processes, where there should exist normative and other prerequisites necessary for individualisation of the sanction (of prison sentence in particular) during its execution and according to the particularities of the person receiving the sanction.
Keywords
prisoner; penitentiary; prison; administrative bodies; court bodies; judge of execution; penal sanctions; prison sentence
Hrčak ID:
135927
URI
Publication date:
18.12.2006.
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