Peculiarities of serving penal sentences by elderly persons during the period of spread of a new coronavirus infection (foreign experience)
Authors:   Siberian Law Institute of the Ministry of Internal Affairs of the Russian Federation, Teplyashin Pavel V. ,   Kuzbass Institute of the Federal Penitentiary Service, Zaborovskaya Yulia M. ,   Kuzbass Institute of the Federal Penitentiary Service, Malysheva Inna V. ,   University of FPS of Russia
Published: October 2024

The subject of the study presented in the article is the peculiarities of serving imprisonment by elderly prisoners in a number of foreign countries during the pandemic of a new infectious disease (COVID-19), the most dangerous for the life and health of elderly people. The purpose of the study is to determine the need to create conditions for elderly prisoners from the point of view of providing medical services in the context of the coronavirus pandemic and new forms of coronavirus that have appeared as a result of mutation, characterized by an increased risk to the life and health of elderly people. As the fundamental methods, an analysis of foreign experience in responding to the COVID-19 pandemic, variability in decision-making using the deductive, comparative and legal method were chosen, in addition, a statistical method and a situational analysis method were used. The following provisions are presented as results: firstly, the problem of creating special conditions for older convicts in modern prison systems is very relevant. In a number of countries, such conditions have been created, and the category of elderly prisoners is a special category. Secondly, in the context of a coronavirus pandemic, a significant part of States decided to release persons early as a response to the possibility of the spread of infection. On the one hand, such a reaction by States has reduced the risk of infection in penitentiary institutions and, accordingly, the mortality of older persons. However, given the problems that have arisen in medical institutions in connection with the pandemic around the world, this measure cannot be considered unequivocally positive. In prisons, the spread of infection is COVID-19 monitored, anti-epidemic measures are constantly carried out, in addition, all prisoners, including the elderly, are provided with medical services on a mandatory basis. Another problem related to the pandemic is strikes and riots as a reaction to the increase in restrictive measures imposed on the possibility of the spread of coronavirus infection. The results obtained can be used in the law enforcement practice of penitentiary institutions in Russia and abroad, and can also be taken into account when amending legislative acts. Thus, the first, aging trend of the prison population around the world requires special attention from researchers and practitioners. We consider it necessary to allocate separate premises for elderly prisoners and create a «contactless» environment in the context of the spread of new forms of COVID-19, since it is this category of persons that is at increased risk to life and health. Second, early release as a preventive measure in the context of the spread of new forms of COVID-19 cannot be considered as an unequivocally positive measure. Third, the pandemic has provoked all sorts of disciplinary violations in penitentiary institutions, which requires special attention to improving security systems.