METHODS OF PROHIBITED ITEMS PENETRATION IN PENITENTIARY INSTITUTIONS AND PREVENTION MEASURES

 Author (s): Kubrak R. M.

 Work place:

 Kubrak R. M.,

PhD in Law,

Deputy Head of the Territorially Separated Branch “Kamiansk Branch of the

Academy of the State Penitentiary Service”, Kamiansk, Ukraine;

ORCID: 0000-0002-9912-098Х

 Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2021 No 2(13): 102–114

https://doi.org/10.32755/sjlaw.2021.02.102

Summary

The article analyzes the ways of penetration of prohibited items for storage and using of products, objects, things and substances in penitentiary institutions, based on statistics of their seizure in restricted areas of institutions and when trying to deliver them to protected areas. The structural components of the manufacture and transfer of prohibited items are identified, among which the subjects of receipt or manufacture of prohibited items, the subjects of transfer, the psychological and motivational component and the direct action aimed at the transfer or manufacture of these items are identified. There is a high concentration in penitentiary institutions of persons convicted of serious, especially serious criminal offenses and convicts who are on preventive records and in need of constant control and influence on the behavior of the administration of institutions. At the same time, the presence of prohibited items in these convicts significantly increases their social danger, hides the risks of them committing criminal offenses while serving their sentences.
The most common methods of delivery of prohibited items to institutions have been established, which are the transfer through engineering barriers of prohibited areas around the perimeter of penitentiary institutions and covert transmission in parcels. The categories of persons who most often commit offenses of this type are determined – they are relatives and acquaintances of convicts.
The author determines the purpose of the restrictions on the storage and using of prohibited items on the territory of the penitentiary institution enshrined in the criminal and executive legislation.
As a result, the main directions of the organization of preventive work to prevent the entry of prohibited items into the protected areas, based on the proposed structural elements of the offense.
Key words: penitentiary institution, convicted person, imprisonment for a definite term, prohibited items, subject, penitentiary system, criminal offense.
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