THE HISTORIC AND LEGAL EXPERIENCE OF THE PENITENTIARY AFTERCARE SYSTEM IN WESTERN EUROPE

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THE HISTORIC AND LEGAL EXPERIENCE OF THE PENITENTIARY AFTERCARE SYSTEM IN WESTERN EUROPE

Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue

Abstract

The problem of social adaptation of persons released from penitentiary institutions is actual nowadays. In this regard, considerable interest is the study of the historical experience of the penitentiary aftercare system in Western Europe. Awareness of the importance and necessity of arranging patronage, the public aftercare over released from prison, appeared in public opinion at the end of the XVIII century. The first step in this direction was made in the United States, where in Philadelphia in 1776 the first organization in the history of patronage was founded. In 1797 Denmark followed the example of the United States, having founded in Copenhagen the organization of patronage, the first in Europe. Since then, the history of patronage is the continuous development of such institutions in all states in a variety of prison systems. All prison congresses of the first and second series, starting in Frankfurt (1846) to the Washington (in 1910 – the last before the World War I), engaged in the development and improvement of patronage. If the purpose of imprisonment is to punish and if possible to adapt to conditions of social life, the purpose of patronage is to reconcile the society with the offender and prevent recidivism. Only with full interaction of prison and patronage we can expect success in this activity. The aim of the state is to determine the punishment and bring it to fulfillment, the aim of the society is to return the offender to law-abiding life and to prevent recidivism. We should keep in mind that patronage is the help the person who is in an extremely difficult position, but that should not go beyond the minimum required, because under the care of societies are mostly adults, the care of which can only justify by special circumstances. Patronage is the charity, so it should be free, so to be offered by society and taken by prisoner voluntarily; otherwise the work relied on society would be in vain – to keep on the way to correcting any person who knowingly does not want it, and in the eyes of a prisoner care to fully merged with the concept of police supervision. Thus, in recognition of voluntary patronage the assistance to released person should be limited only by such persons who want it and confirm this desire by providing a written request, and most importantly, are deserve to get it. So the study of 200 years of experience in Western Europe carried out the best form of patronage that involves the public patronage with government support, which should be applied to: 1) persons released from prison institutions who are in need of care and deserve to get it; 2) in the case of need, to the families of prisoners and to persons, acquitted by the court, who were held in custody.

Authors and Affiliations

І. В. Іваньков

Keywords

patronage care convict prison congresses recidivism

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EP ID EP475157
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