👉The table of contents so far is here.
Chapter 6: The System of Offences Law
6.5. Various correctional treatment systems -part 2-
As mentioned in the previous article, offenders with severe anti-social tendencies who are in great need of correction are given correctional treatment in a correctional facility. There are various policy possibilities for classifying this correctional treatment, but the more simple the treatment system is and the more consideration it gives to human rights, the better.
In this respect, correctional treatment under communist offences law is different from criminal punishment in that it is not a punishment proportional to the severity of the crime, and therefore the period is not presented in numerical terms from the beginning, such as 1 year, 10 years, etc.
However, from a human rights perspective, it is not appropriate to make all treatment indefinite, so a "renewable term system" in which a predetermined legal period is used as one unit = term, and terms are renewed according to the progress of correction seems to be more appropriate.
Here, a term means one unit of a correctional program with a period set in advance by law. The basic unit of term is divided into three ranks, from type 1 to type 3, depending on the subject's level of correctional need, and the length of each term increases in increments of two years with each rank increase.
For example, the term for the type 1 correctional treatment is one year, the term for the type 2 correctional treatment is three years, and the maximum term for the type 3 correctional treatment is five years. These terms will be renewed in line with progress of correction.
In addition to these subclassifications according to the degree of need for correction, there are also further classifications based on whether psychiatric factors such as mental illness are found to have been the cause of the individual offences.
If, as a result of the assessment, the treatment given when these are not found is called the A treatment, and the treatment given when these are found is called the B treatment, the most detailed classification would be to separate each of the types of correctional treatment listed above into the A and the B treatment.
Assuming that even the renewed maximum correctional treatment does not result in progress to a level where rehabilitation is possible, life custodial confinement, which holds a target for life, marks the limit of correctional treatment, but as this is different from a punishment such as life imprisonment, all corrective efforts are not abandoned, and there is still room for social rehabilitation once correction has progressed.
👉The papers published on this blog are meant to expand upon my On Communism.
