THEORETICAL AND APPLIED APPROACHES FOR THE DEFINITION OF RISK ASSESSMENT REGARDING COMMITTING NEW CRIMINAL OFFENSES BY PROBATION SUBJECTS

Author (s): Puzyrov M., Karelin V., Olefir L.

Work place:

Puzyrov M. S.

Doctor of Sciences (Law), Associate Professor of the Department of Criminal, Criminal and Executive Law and Criminology,

Academy of the State Penitentiary Service, Chernihiv, Ukraine;

ORCID: 0000-0002-7814-9476

Karelin V. V.,

Ph.D. in Law, Associate Professor of the Department of Criminal, Criminal and

Executive Law and Criminology,

Academy of the State Penitentiary Service, Chernihiv, Ukraine;

ORCID: 0000-0002-6271-2447

Olefir L.,

Ph.D. in Law,

Associate Professor of the Department of  Criminal, Criminal and Executive Law and Criminology,

Academy of the State Penitentiary Service, Chernihiv, Ukraine;

ORCID: 0000-0003-4565-8968

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2019 No 2(7): 73-82

https://doi.org/10.32755/sjlaw.2019.02.073

Summary

The article presents current theoretical and applied approaches and formulates the authors’ vision for the definition of risk assessment regarding committing new criminal offenses by probation subjects.

It is emphasized that nowadays in Ukraine a penal process does not fully ensure the correction of convicts and crime prevention, although these elements form the basis of the triple purpose of punishment enshrined in Part 2 of Art. 50 of the Criminal Code of Ukraine. Given this, discussions concerning the need to strengthen a role of punishment, not related to imprisonment, are being actively pursued in science and practice. It is noted that the modern model of probation application in Ukraine contains a number of issues that require both scientific substantiation and the development of an optimal practical algorithm. One of such areas is the assessment of risk of committing new criminal offenses by probation subjects. An analysis of such experience shows that in most countries of Western Europe and the United States the main criterion for the effectiveness of the implementation of probation supervision is an indicator of the risk of committing a new criminal offense (crime).

The article also presents an analysis of the Methodical recommendations for risk assessment of repeat criminal offense committed by adults who committed criminal offenses (are accused in criminal offenses). It is noted that according to the Methodical recommendations, the risk assessment consists of static and dynamic factors. At the same time, various variations in the combination of such factors give grounds to determine the various degrees of risk regarding committing of new criminal offenses by probation subjects.

Key words: risk assessment, static factors, dynamic factors, criminal offenses, probation subjects, personnel of probation authorities.

 REFERENCES

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