Concept and signs of criminal punishment - Criminal law (general part)

Definition of punishment

Definition 1
Punishment is a measure of state coercion, which is imposed by a court verdict. Punishment applies only to persons who have been found guilty of committing an offense, and is contained in those provided for in the Criminal Code. We have already completed course work

criminal law details the deprivation or restriction of the rights and freedoms of these persons (Article 43 of the Criminal Code).
Almost all jurists consider punishability to be one of the essential features of an offense. In fact, for each provided for by the Special Part of the Criminal Code of the Russian Federation On this topic, we have already completed our thesis Art
. 313 of the Criminal Code of the Russian Federation in more detail the offense, the punishment is determined. There can be no offense without a sanction. This postulate reflects the principle of the inevitability of responsibility for every crime committed.

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The measure of responsibility is established by the verdict of a state institution - the court, in accordance with the norms of the Criminal Code of the Russian Federation, an act adopted by the highest legislative body of the country. Virtually no other body (except the court) has the ability to impose criminal punishment, just like virtually no other body other than the Federal Assembly of the Russian Federation. We have already completed coursework

The Federal Assembly of the Russian Federation, in more detail, does not have the ability to establish criminal punishment for a socially dangerous act. In addition, the implementation of punishment is supported by the punitive apparatus of the state.

The reason for establishing and using punishment is considered to be solely the offense.

Criminal punishment, in general, is more repressive, more menacing, and it infringes on the rights of residents to a greater extent than other types of legal liability. Imprisonment and the death penalty can be used exclusively within the scope of criminal liability. Those types of sanctions that are used on the scale of various types of liability in criminal law are heavier in size and duration.

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Course work Signs of criminal punishment 470 ₽ Essay Signs of criminal punishment 240 ₽ Test work Signs of criminal punishment 250 ₽

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The system of punishments is much broader and more varied than in other sectors of legal economics.

Only criminal punishment entails such a legal consequence as a criminal record.

Criminal punishment is established by law and is used only by the court.

Criminal punishment is characterized by a special procedure for its imposition, determined by criminal procedural law.

Signs of punishment

Punishment differs from other measures of state coercion in the following ways:

punishment as an institution of criminal law is imposed exclusively for the commission of an offense, i.e. such generally dangerous action as provided for by criminal law;
unlike other measures of state coercion, punishment is imposed solely by court verdict;
Punishment can only be applied to the person guilty of committing an offense. It is always strictly personal;
the punishment is of a public nature. The guilty person is reprimanded on behalf of the state for his behavior. Typically this occurs in open court;
The punishment is contained in the deprivation or limitation of the rights and freedoms of a person who is found guilty of committing an offense as provided for in the Criminal Code. For example, a person is deprived of freedom, the right to engage in certain work or hold specific positions, is limited in military service, etc.;
punishment has such a specific indicator as a criminal record. This is the special legal position of a person during and after completion of the punishment.

Punishment: concept, goals, types, purpose

Punishment is a measure of state coercion imposed by a court verdict on a person found guilty of committing a crime and consists of the deprivation or restriction of the rights and freedoms of this person as provided for in the criminal code.

Signs of criminal punishment:

1. This is a special measure of state coercion:

a) punishment can be imposed only for the commission by a person of an act provided for by criminal law as a crime;

b) punishment is imposed only by court verdict and on behalf of the state;

c) the punishment entails a special criminal law consequence - a criminal record.

2. Punishment is strictly personal.

3. Punishment is associated with the restriction of the rights and freedoms of the person who committed the crime.

The goals of punishment are the final social results designated by the criminal law, for the achievement of which criminal punishment is established and applied:

1. Restoring social justice is indirect compensation and redress of the harm caused by the crime.

2. Correction of convicts is an adjustment of socio-psychological personality traits.

3. Prevention of the commission of new crimes - it is aimed at all citizens (deterrence) and at persons who have already committed a crime (adaptation).

The punishment system is an exhaustive and mandatory list of types of punishments established by the current criminal legislation and arranged in a certain order depending on the degree of their severity.

Kinds:

1) a fine is a monetary penalty imposed by a court in the amount of 25 to 1000 times the minimum wage;

2) deprivation of the right to hold certain positions or engage in certain activities - this is an additional type of punishment that can be assigned to compulsory labor, correctional labor, restriction of freedom, arrest, imprisonment for a term of 6 months to 5 years;

3) deprivation of a special, military or honorary title, class rank and state awards - this is an additional type of punishment that can be imposed for committing a grave or especially grave crime;

4) compulsory work is the performance by a convicted person of free community service during his free time from his main work or study, the type of which is determined by local government bodies. Appointed for a period of 60 to 240 hours and served no more than 4 hours a day;

5) correctional labor - served at the place of work of the convicted person, from his earnings deductions are made to the state income in the range from 5 to 20% for a period of 2 months to 2 years;

6) restriction on military service - assigned to military personnel for a period of 3 months to 2 years. During this period:

- deductions from the convict’s salary are made to the state’s income in an amount not exceeding 20%;

- a convicted person cannot be promoted to a higher position or military rank;

— the term of punishment is not counted towards the length of service.

7) confiscation of property is a forced gratuitous seizure of all or part of the property that is owned by the state;

restriction of freedom is the detention of a convicted person who has reached 18 years of age at the time the court pronounces a sentence, in a special institution, without isolation from society, under supervision for a period of 1 to 5 years;

9) arrest - keeping a convicted person in conditions of strict isolation from society for a period of 1 month to 6 months;

10) detention in a disciplinary military unit - assigned to military personnel for committing crimes against military service for a period of 3 months to 2 years;

11) imprisonment for a certain period is the isolation of a convicted person from society by sending him to a colony-settlement or placement in a correctional colony of general, strict, special regime, or in prison. Persons under 18 years of age are placed in an educational colony. Imprisonment is set for a period of 6 months to 20 years;

12) life imprisonment - is established as an alternative to the death penalty for committing especially serious crimes that encroach on life. It is not prescribed to women, minors (under 18 years of age), or men over 65 years of age;

13) the death penalty is an exceptional punishment. It is not currently applied.

The general principles of sentencing are the general principles of sentencing that the court should follow:

1. Imposition of a fair punishment within the limits provided for in the article of the Special Part.

2. The nature and degree of public danger of the crime committed is taken into account. This means that the court takes into account what or who the perpetrator encroached on and what harm he caused.

3. The identity of the perpetrator is taken into account, i.e. how it is characterized in everyday life, at work, etc.

4. Circumstances mitigating and aggravating punishments are taken into account (pregnancy, the presence of young children with the perpetrator, surrender, repeated commission of crimes, etc.).

5. The influence of the imposed punishment on the correction of the convicted person and on the living conditions of his families is taken into account.

In the presence of exceptional circumstances, the court may determine a more lenient punishment than provided for in the article.

If the perpetrator has committed several crimes, the court imposes punishment for each separately. In this case, the term of imprisonment cannot exceed 30 years.