| title: | Custodial Sentences in the Estonian Penal Policy: Transition from Totalitarian to Rule of Law Criminal Law |
|---|---|
| reg no: | ETF5303 |
| project type: | Estonian Science Foundation research grant |
| subject: |
5.2. Juridical Sciences |
| status: | completed |
| institution: | University of Tartu |
| head of project: | Jaan Sootak |
| duration: | 01.01.2002 - 31.12.2003 |
| description: | The general objective is to analyse essence and purpose of custodial sentences in perspective of totalitarian, transitional and rule of law Penal Law. Custodial sentences constitute a significant part of sanction system of the Penal Law. These sentences constitute the most intensive Penal Law infringement into the most significant human rights. It is essential for the Estonian Penal Law reform and further development of the Penal Law to analyse comparatively contemporary trendis in Europe, where it is characteristic that the ratio of custodial sentences is decreasing, utilisation of alternatives to custodial sentences is increasing and prisonisation is decreasing. From the Estonian perspective (i.e. from the perspective of a transitional society) high crime rate, especially high rate of serious crimes that presume use of custodial sentences, has to be considered. At the same time the high prisonisation rate (there are ca 5000 prisoners in Estonia, 347 per 100 000 population) is in society always problematic from the rule of law viewpoint and from the economic viewpoint as well. On the background of general liberalisation of the penal policy it is necessary to reconsider the essence and purposes of custodial sentences. Successful enforcement of the recently adopted Imprisonment Act (June 14, 2000) assumes elaboration of the theoretical basis of custodial sentences to enable training of the prison staff. It is important to rethink the purposes of custodial sentences according to the new Imprisonment Act. Rethinking of the purposes of the custodial sentences and of the enforcement of the sentences provides not only theoretical, but also practical grounds for parole decisionmaking and probation. The results of the study will be published in papers and monographs and will be needed for the work of courts, Ministry of Justice and the Council for Crime Prevention. |
| project group | ||||
|---|---|---|---|---|
| no | name | institution | position | |
| 1. | Jaan Ginter | University of Tartu | Docent | |
| 2. | Jaan Sootak | University of Tartu Faculty of Law | Professor | |