Russian criminal law system of penalties efficiency issues


Тип публикации: статья из журнала

Год издания: 2014

Идентификатор DOI: 10.17150/1996-7756.2014.8(4).75-82

Ключевые слова: Crime counteraction criminal legal measures, Criminal law, Legal responsibility realization forms, Punishment

Аннотация: As a result of many changes and additions made over the recent years in the content of part III «Punishment» of the Criminal Code of Russian Federation penal system has lost some important qualities that originally supported the balance and internal consistency between different types of punishments. In particular, due to the reforПоказать полностьюm of penalties such as fines and restraint of liberty, an important feature of the system was eroded — the location of penalties within the system in particular order, where each next punishment is more severe than the previous one. It is also important that the two types of penalties (forced labor and arrest) have not yet been applied in practice. This greatly reduces the possibility of the court to appoint a just punishment to the guilty person: appropriate to the nature and degree of social danger of the crime, the personality of convicted and other circumstances of the criminal case. Long-term presence of phantom penalties in the list of Art. 44 of the Criminal Code of the Russian Federation and the sanctions of many Articles of the Criminal Code is disorienting the legal community (students, teachers, scientists, theorists, and others) and the court, creating the illusion of a real alternative to imprisonment sanctions and measures. The provisions of Art. 53 of the Criminal Code of the Russian Federation on punishment in the form of restriction of liberty are mostly duplicated in the Art. 73 of the Criminal Code «Probation». More severe form of the implementation of criminal responsibility (conviction to the penalty of deprivation of freedom and an actual execution of a punishment) in terms of content is very close to a softer form of realization of criminal responsibility (probation), when the sentence is pronounced, punishment shall be imposed, but is not executed. The system of penalties provided by the Criminal Code of the Russian Federation needs to be adjusted to increase its effectiveness. © 2014 Criminology Journal of Baikal National University of Economics and Law. All rights reserved.

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Журнал: Criminology Journal of Baikal National University of Economics and Law

Выпуск журнала: Vol. 2014, Is. 4

Номера страниц: 75-82


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