The institute of conditional early release from punishment has an unclear regulatory framework, “There is no certainty that institution. There are some common types of exemption from liability in the General Part of the Criminal Code, which do not work. The y exists, however they do not work in practice,” Advocate Armnine Fanyan said.
According to her, this is due to the fact of the punitive policy of our country. “We are a Post-Soviet state, and have inherited from the Soviets the punitive policy, and exemption from liability, is not so popular among us,” said the advocate.
She mentioned the public works as norm that is not used in practice and is a punishment which is not connected with imprisonment, “The courts do not apply, because the control mechanisms are missing, or we have enforced disciplinary measures institute for juveniles, which is a measure which does not emply conviction, however we lack the mechanisms for its application because control is not realized.”
According to the advocate, these problems can be solved with the introduction of the probation service.
