[改革后的监狱。现状与展望]。

Quaderni di criminologia clinica Pub Date : 1978-10-01
R Ciccotti
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引用次数: 0

摘要

作者审查了自1975年7月以来的这段时期,即从批准新的监狱制度到现在,着重指出由于不完全实施改革而造成的种种消极方面,同时也不忽视审查所实行的条例的积极方面。作者特别强调了对该制度的一些不同规定所作的歪曲解释以及由此建立的错误程序,纠正这些错误程序不仅是正确适用改革法律的唯一途径,也是防止改革可能面临的最严重风险的唯一途径;成为修订和废除的对象,这可能最终改变其性质并危及其目标。发件人审查了对法律的错误解释和误用的实际后果,首先着重讨论了第30条,该条促使一些人将法律定义为“休假改革”。还审查了特别监狱的问题,发件人证实了特别监狱的用处,他坚持认为,出于公平和机会的原因,特别监狱必须充分遵守条例。从康复治疗角度,监狱工作、校外社区参与、“休闲时间”、释放后援助。提交人仍然在对监狱现实持批评态度的框架内,说明了保健服务的情况,并回顾了在执行一些改革机构方面取得的积极成果,特别是关于新的纪律办法及其在统计上已经观察到的令人满意的结果。通过信件或电话进行更充分的谈话和通信,对监狱工作给予更好的补偿,囚犯在内部生活的某些方面的代表,作为监禁的替代措施,所有这些行动都代表了迄今为止取得的相当令人满意的改革的实际成果。在讨论了监督法官、监狱长和监狱军事人员的人数,提出了加强他们工作的意见和建议之后,发件人在结束时宣布,他完全相信改革将最终实现其重要目标,并强调所有被要求参与改革实现的人的善意和贡献,可能有助于缩短使改革充分实施所需的时间。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
[Prisons following reform. Current status and prospects].

The Author has examined the period successive to July 1975, namely, from the approval of the new prison System to the present day, highlighting the manifold negative aspects due to the incomplete application of the reform and not neglecting to review also the positive aspects of the regulations applied. The Author laid special stress on the distorted interpretations given to some different regulations of the System and on the ensuing wrong procedure that has been established, whose correction represents the only way not only towards a proper application of the reforming law, but also for preventing the most serious risk the reform is liable to run; that of being made the object of revisions and abrogations that might ultimately change their nature and jeopardise their objectives. The Author reviews the practical consequences of both the erroneous interpretations of the law and of its misapplications, dwelling on Article 30 in the first place, which has prompted some to define the law the "reform of leaves". Also examined was the problem of the special prisons, the usefulness of which is confirmed by the Author, who upholds the view that they must function in full observance of the regulations, for reasons of equity and opportuneness. From the rehabilitation treatment angle, the prison work, the participation of the extramural community, the "leasure time", the assistance after release. Still in the framework of his critical approach as to the prison reality, the Author illustrates the situation of the health service, and reviews the positive points that have been achieved in the implementation of some reform institutions, with special regard to the new disciplinary approach and its satisfactory results that have already been statistically observed. More adequate talks and correspondence by letter or through the telephone, a better compensation for the prison work, the convict representation in some sectors of intramural life, the measures as an alternative to enprisonment, all these actions represent the practical results of the reform achieved so far in a rather satisfactory way. After dealing with the figure of the surveillance judge, of the director and of the military personnel of prisons, setting forth observations and proposals to enhance their work, the Author declares, by way of conclusion, that he is fully convinced that the reform will ultimately attain its important targets, laying stress on the fact that the good will and the contribution of all those who are called upon to participate in its realization, may prove instrumental in shortening the period of time required for making the reform fully operative.

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