A comparative research on the soc i a I sexy i cc order and the e I ectr i c monitoring as the non幼ustodial measures at the time of over幼rowded prison

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Non-custodial measures recently contain not only a community treatment that means traditional rehabilitation or probation but also community punishment or measures that are used as an alternative imprisonment. The community treatment or probation is often combined with the electric monitoring or the social service order and it becomes to a kind of punishments. Therefore the probation lose the element of social case work and is changed to a way of surveillance from support of criminals. Some countries place the electric monitoring or social service order as a sort of punishments in the non-custodial measures.On the other hand, there is an approach that will divert the disabled or aged persons who are exclusive from the welfare-netting and commit crimes repeatedly from the criminal proceedings before imprisonment, and will place the measures that join those people to the social welfare system in the non-custodial measures.This research analyzed those two approaches from the point of view of the social inclusion and the protection of fundamental human rights of accused persons and prisoners. We pointed out that the electric monitoring or the social service order should not be introduced as a sort of punishments or a severe sanction combined with social treatments and not be also placed as noncustodial measures. Noncustodial measures should be free from the elements of punishment as much as possible and be connected to the social welfare. We call it the criminal proceedings connected to the social welfare.On this point of view we analyzed critically the bill on the suspended sentence of a part of custodial sentence that can cause a tough policy and a preventive detention.