Perspective chapter: Serving the sentence of imprisonment in Bulgaria – what changes are necessary?

Abstract

Punishment is the most severe form of coercion and, as such, should strike the balance between reasonable restraint and respect for the human dignity and rights of the convict. Questions about the duration of imprisonment are studied on the basis of correctional work with prisoners in three aspects: Conditions of serving the sentence in the context of the prohibition of torture under art. 3 of the European Convention on Human Rights (ECHR); social and educational work with prisoners; problems of resocialization after serving the punishment. The main question is what are the weaknesses in serving the sentence of imprisonment in Bulgaria and what are the opportunities for overcoming them. The comparative analysis includes the criminal legislation of a number of European countries, in particular—minimum and maximum duration of imprisonment, regime of serving the sentence and working with convicted persons in prisons, opportunities for early release and problems of resocialization. The analysis of Bulgarian legislation leads to the conclusion that life imprisonment without any opportunities of substitution should be repealed as an inhuman penalty; conditional sentence and parole should be combined with probation measures in any case and living conditions in prisons should be improved.