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Pre-Extraditionary Supervisory Probation as the Newest Rule of Law Observance Mechanism while Deciding on the Issuing a Person (Extradition)

DOI: 10.18523/2617-2607.2018.1.93-98, PP. 93-98

Keywords: rule of law, criminal proceedings, issuing a person (extradition), precautionary measure, detention, pre-extraditionary supervisory probation

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Abstract:

Modernization of the norms of criminal and procedural law is extremely important for the smooth functions of all state authorities, ensuring an adequate level of legal protection of the society and prospects of international cooperation. Trends in their constant changes cause the need to update certain institutions of criminal procedural law; in particular, the institution of issuing a person (extradition) to the principle of priority of the man’s and citizen’s rights and freedoms. A possible innovation of the institution of issuing a person (extradition) is the reform of precautionary measures that can be applied, in particular, by adding the pre-extraditionary supervisory probation to them. The main objective of the proposal is to introduce more humanized preventive measures that will create a legal framework to ensure the priority of the rights of foreign citizens in the application of preventive measures against them. The most important advantage of the pre-extraditionary supervisory probation is that instead of arrest, a suspect is sent not to an inquisitorial isolator but to a temporary detention isolator, re-equipped in accordance with European human rights standards. A person will go through a course of social correction there, accompanied by a correction of his/her behavior or its partitive manifestations. In case of the application of a precautionary measure not related to imprisonment, the staff of the authorized probation body will provide the proper procedure of re-education in the usual conditions for the person. Therefore, the use of this precautionary measure in preparation for issuing a person (extradition) will enable the potential offenders to remain socially adapted individuals, minimizing the occurrence of cases of mental and physical health disorders among them, and will ensure a more intensive realization of the social function of the state.

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