NCJ Number
74280
Journal
Revue penitentiaire et de droit penal Volume: 104 Issue: 3 Dated: (July-September 1980) Pages: 381-387
Date Published
1980
Length
8 pages
Annotation
The judges or courts charged with overseeing the execution of penalties in various countries are described.
Abstract
In most cases, the judges' task for execution of sentences is complicated by widespread support for repressive penalties, by opposition to involvement of judges in administrative matters, and by the low standing of this type of judge in the judicial hierarchy. The structure of the criminal justice system is influenced by the evolution of criminal law in a particular country. In certain countries judicial control of the execution of sentences overlaps with control of sentencing. The activity of corrections judges extends the role of criminal courts to the end of the sentences served and supports the human rights of convicted offenders in the correctional phase. In France, judges for the execution of penalties have existed since 1958. Their powers were extended in 1972 to determination of suitable treatment methods and rehabilitation measures for convicted offenders, but were limited in 1975 and transferred in part to a commission in 1978. In Italy, the institution of judge for the execution of prison sentences was instituted in 1913 and that of the supervisory judge was introduced in 1930-1931. The two positions were merged in the institution of supervisory judge for corrections in 1975. The latter judge supervises treatment programs, guards the rights of convicted offenders, considers prisoner complaints, rules on questions of appropriate prisoner remuneration, and exercises disciplinary powers. The court of appeals of each district has sufficient supervisory judges to handle the required case load. In Poland, the institutions of penitentiary judge and court were provided for in a 1969 law. The prison court can decide on matters regarding conditional release, but decisions may be appealed in a higher court consisting of a judge and two lay judges. Portugal's courts for the execution of penalties were established in 1944; they are competent in matters of conditional release and execution of prison sentences. As in Poland, there is a special appeals court. Finally, in the Federal Republic of Germany, a 1976 law provides that administrative authorities are in charge of the execution of penalties, but a judicial decision must be made if the convicted offender demands defense of his or her rights. No special court exists for prison matters, but the court of first instance has a chamber devoted to matters concerning the execution of penalties. Thus, judicial intervention in the execution of criminal penalties has become an established procedure, even though the mechanisms for intervention vary from country to country. Notes are supplied.