EXPERIENCE IN ORGANIZING THE PROCESS OF SERVING A SENTENCE IN THE PENITENTIARY INSTITUTIONS OF THE STATE OF BAVARIA (GERMANY)

Abstract

This scientific article is devoted to the highlighting the experience of organizing the process of servingsentences in correctional institutions of the state of Bavaria (Germany). The penitentiary policy of Bavaria is basedon the provisions enshrined in the UN Standard Minimum Rules for the Treatment of Prisoners in 2015 and theEuropean Prison Rules 2006 (as amended in 2020). In accordance with these provisions, the objectives of a prisonsentence are to protect society from criminals and reduce recidivism. These objectives can only be achieved if theterm of imprisonment is used to ensure the reintegration of such persons into society after their release, so that theycan lead a law-abiding and independent life.The content of the penitentiary policy, certain aspects of the execution of punishment in the form of deprivation ofliberty, the requirements for the personnel of correctional institutions in Bavaria and Ukraine have similar features.1. The penitentiary system is under the jurisdiction of the Ministry of Justice. 2. The administration cannot influencethe number of convicts in correctional institutions. 3. Convicts who are in arrears on enforcement documents (inBavaria all convicts must work) are required to work on the territory of the correctional institution or outside it. 4. Availability of rehabilitation measures. 5. Granting leave while serving a sentence. At the same time, thepenitentiary system of Bavaria has distinctive features. Firstly, between the Ministry of Justice and correctionalinstitutions there is no middle management body (like the Department for the Execution of Criminal Sentencesand its regional departments in Ukraine), which, according to German scientists and practitioners, significantlyimproves the management process and significantly saves money. Secondly, in Bavaria, a different principle ofdistribution of convicts between institutions for the execution of sentences is applied (separate institutions forfirst-time convicts and those convicted for a period of not more than 3 months, for those sentenced to long terms ofimprisonment (more than six years), for those sentenced to life imprisonment). freedom or preventive detention formore than 6 years, isolated areas for convicted women in correctional facilities for men, etc.).