Electronic Monitoring Controls as an Alternative Punishment in Comparative Legislation

Objective: This study aimed to identify the controls of electronic monitoring as one of the alternative penalties in comparative legislation, identify the cases of using electronic monitoring, clarify the principles on which electronic monitoring is based, in addition to identifying the persons subject to electronic monitoring, and clarifying the conditions for applying electronic monitoring. The study also aimed to identify the obligations of the person subject to electronic monitoring. Methods: The researcher used the descriptive analytical approach in his study, by analyzing all laws and legislation related to electronic monitoring. The researcher also used the comparative approach. Results and discussion: The study reached a set of results, the most prominent of which is that adults can be subject to electronic monitoring, as can juveniles provided that their guardian approves of that, and men, women, detainees and convicts can be subject to electronic monitoring, as can crime victims for their protection, and the penalty must be deprivation of liberty, as it cannot be applied to a fine, and legislation differed in the duration of the penalty of deprivation of liberty imposed in order for electronic monitoring to be applied, as for the accused or detainees, the charge must be of the type of misdemeanor or felony and it is not conceivable that it be of the type of violations, and legislation differed regarding the authorities that have the authority to issue an electronic monitoring order, some of which limited it to the judiciary or the director of the correctional institution or the judge implementing the penalty, and legislation also specified a set of obligations on the person concerned. Implications: This study will help specialists, especially Palestinian legislative policy makers, in building a vision for implementing electronic monitoring as an alternative punishment. Originality: This study is considered one of the first studies that addressed the subject of electronic monitoring controls as an alternative punishment in comparative legislation at the level of Palestinian legislation. Recommendations: The study recommended a set of recommendations, perhaps the most prominent of which is not to leave a specific area that is specified for a specific period of time, in addition to some other duties. In the event that the convict violates the electronic monitoring controls, this leads to the withdrawal of the decision to implement electronic monitoring, and it can be replaced with other alternative punishments according to the discretion of the judiciary. The study recommended that the Palestinian legislator enact an alternative punishment law, including electronic monitoring, after benefiting from comparative legislation and according to the available capabilities.