PURPOSES OF PUNISHMENT OPTIMIZATION IN THE CONTEXT OF CRIME PREVENTION

被引:0
作者
Avdeev, V. A. [1 ]
机构
[1] Baikal Natl Univ Econ & Law, Dept Criminal Law & Criminol, Irkutsk, Russia
来源
RUSSIAN JOURNAL OF CRIMINOLOGY | 2013年 / 02期
关键词
criminal and legal policy; measures of criminal and legal nature; purpose of punishment; object of punishment; crime prevention; repeating crime; punitory-educational process; correction of convicted; special crime prevention; Postpenitentional control;
D O I
暂无
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The paper presents legal analysis of problems related to achievement of purpose of crimnal punishment. Those problems are defined by difficulty in criminal punishment general functions realization in the context of Law globalization. The author notes that legislative regulation of purpose of punishment needs approximation rather than removal of legal reference points that support resocialization of convicted, optimization of their return to civil society. Punishment execution has to promote improvement of social and legal characteristics of convicted considering well-planned punitory-educational process that helps restore social justice, improve the convicted, prevent new crimes by the convicted. The author emphasizes issues of Court, Penitentional and Post-penitentional activity of authorized government body and office holders in consideration of Russian Federation correctional system development Concept till 2020. The paper shows that contradictory nature of criminal punishment puts obvious difficulties in positive influence on a person. Deficiency of proper post-criminal control after pardon create opportunities for violation of penal rohibition established by law. Considering high level of convicted behavior conformism and level of personality deformation professional qualifications of people who work in correctional system becomes important. The author discovers regulatory uncertainty that eliminates planning and implementation of effective penocorrectional process controlled by penal administration
引用
收藏
页码:41 / 53
页数:13
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