Nowadays wages ceased to act as the basis of justice, as it was, for example, in the Middle Ages.It was then decided to render sins, chop off hands and commit other acts of self-mutilation in the name of revenge.Today, more popular idea of preventive supervision, rehabilitation interventions.Although, of course, it would be wrong to talk exclusively about the educational function of criminal law.Agree, some serial killers are corrected before the decision of conviction.In such a case, as some liberal criminologists, there is no reason to put them behind bars for the rest of his life.But just Themis in most cases it elects punishment.However, in some usluchayah applies a suspended sentence.
Crime and Punishment
If we talk about the punishment is in criminal law, the mind usually comes prison.However, it is too lightweight statement.So, under the offense understood in modern criminal law socially dangerous act, the commission of which entails certain legal consequences of the state as an institution of social life settlement.In the most general understanding of the criminal act is a specific form of delinquent (antisocial) behavior.The main feature of the offense is guilty attitude the face, that is the awareness of illegality, or the possibility of such awareness.
modern criminal law the punishment is usually considered in several aspects.Administrative liability provides maximum short arrest.But in the Criminal Code to punish a separate chapter.And it is no coincidence, since the figures for the dry statistics lie broken human destinies.
punishment - is ...
since ancient times, mankind knew that the offense is subjected to the negative impact of the guilty.The very notion of punishment was formally introduced a few centuries ago.However, it has existed since the beginning of the formation of institutions like enforcement of law and order.First of all, the punishment - is a kind of measure applied to the guilty person for the commission of certain acts.As mentioned above, earlier it was an act of retaliation, now increasingly resort to it for educational purposes.Rehabilitation measures in this case includes not only the direct impact on the offender, but also demonstrate to others that in the commission of certain acts is required to be followed by an appropriate response from the state.
In addition, some scientists consider accountability measures as a basis for the formation of well-defined models of behavior as a particular individual and the society as a whole.Therefore, the serving of punishment involves the commission of criminal acts.This is the foundation of all science of criminal law.
noteworthy that in modern science distinguish positive and negative punishment.The first type is the impact on the individual.For example, the person who committed the robbery, imprisoned for a fixed term.An example of negative punishment is to eliminate some factors.For example, a rambunctious child deprived of sweets.
However, the use of punishment - it is still a necessary measure.In criminal law, it appears extremely serious offenses, for which just need to prosecute.
is noteworthy that in this industry the punishment is primarily to implement criminal sanctions.In this case, it refers to the achievement of one of the most important purposes of criminal law, namely the safety of people's lives in society.However, this is only one of the immediate tasks of the system.
Federal prison
It is an independent federal agency, referring to the executive.It is subordinated to the Ministry of Justice.It really is an independent structure.Central office of the Federal Penitentiary Service has eighteen offices who carry out their duties in all major areas of service.
Ministry of Justice performs a set of law enforcement functions, and produces control and supervision in the sphere of execution for convicted criminal penalties and so on.That this federal body responsible for bringing the guilty verdicts in life, he created for the execution of criminal liability.
purposes of punishment
accountability measures today are set by judges everywhere.We should not think that the purpose of punishment - a penalty only for the committed socially dangerous act.Still, it would be too easy and too straightforward.In fact, the whole system of punishment is based on certain principles, among which there is no place simple retribution.Everything is much more complicated.The objective of the criminal law, among other things, an adequate execution of the sentence.
Speaking of punishment or retaliation, that a few centuries ago, it was a practical way established that it is quite a primitive concept.Moreover, she did not pay consolidates society, does not affect its normal development, does not eradicate crime in general, and does not correct people who are committed in their lives wrongful act.Just everything is exactly the opposite: the more punitive system tempers the attacker, irritating him, a man collapsing all ties with society, all hope of some sort of rehabilitation or new life is lost.Agree, this is a dead end road which leads to the formation of large gangs, disunity people and increase the number of unlawful acts in general.The principle of retaliation, which involves retribution for the crime committed, morally obsolete and should be completely eradicated.Nevertheless, despite the fact that the criminal law has long departed from this position, some elements still exist.
Still today, the main purpose of criminal responsibility is the correction of the convict.Of course, the system of penalties is currently sufficiently focused on the implementation of this task, but in practice are starting a new life, not all criminals.Much of the former prisoners still come back, "a slippery slope", though perhaps to blame are not the implementation of a set of measures of criminal liability, and the program of socialization of yesterday's criminals.
Yes, and some of the perpetrators still be corrected.That is why the purpose of rehabilitation can be considered achieved.There are people who will never return to the path of crime and impunity they will be seen as a chance to start a new life dramatically.
special prevention
Goals have a myriad of criminal law.The essence of punishment - it is, above all, the protection of foundations.There are today also the problem of special prevention.It consists in preventing the commission of crimes.Isolation is achieved by a citizen, who has previously committed a socially dangerous act.That is, in fact, cause harm to the society once more an individual can not, it is fenced off from everyone.
Besides isolation, also used in some countries, the death penalty, life imprisonment and other measures.In certain countries the use of castration common for people who have committed sexual offenses.
But not all types of special prevention are to mutilation or social exclusion.This is also the deprivation of the right to occupy certain positions or engage in any activity.Thus the company gets rid of the low-skilled performers who are negligent or dismissive towards the implementation of their duties.
agree that today the role of punishment as retaliation / retribution tools is minimal, but sometimes it still persists.For example, in the case of the death penalty it is simply obvious.While some countries have a special moratorium on the measure.However, in most cases they have done so in order to minimize the consequences of a possible miscarriage of justice, are not insured by any society and no legal system.
total prevention
This purpose of criminal law is not an end.It is another object of punishment is the so-called general prevention.It is achieved by deterrence.A potential attacker, who knows that in the case of disclosure of the offense could face a maximum imprisonment or even the death penalty, just afraid to commit unlawful acts.This is quite an effective measure as part of a huge latent offenders and not to become a "slippery slope" logical preferring to remain still on the loose.This objective is achieved by using effective methods of catching criminals and detecting acts.If social and legal life of the state there is complete lawlessness, about any humility or fear of condemnation are not out of the question.
In addition, the purpose of general prevention is timely and quality informing society about the crimes committed, as well as the penalties that have been applied to the villains.It must be established by the State conducting qualitative information policy, which creates a negative image of the offender, and expresses irreconcilable sharply negative attitude to the commission of the offense.
However, as the proponents of tougher sanctions, excessively intolerant and really cruel, unfair methods of a professionalized crime.In addition, the society produced by the image of the unfortunate villain who unlawfully and unjustly punished.Thus, the approach to the objective of general prevention, it is necessary to observe certain restrictions.Only in this case the use of it will really give positive results.It is therefore proposed to focus on is not the severity of punishment, and its inevitability.That is, the smaller the number of people who manage to avoid responsibility, so, consequently, higher the efficiency of the so-called general prevention.
Classification punishment
Today, there are a few common classifications of criminal liability.In this execution of the punishment reveals its essence.So, identify core measures, as well as additional.In certain jurisdictions, there are subtleties and nuances.Usually, however, the main concern for those who may only be used by themselves and do not apply, for example, to enhance the effect of certain other penalties.Additional responsibility is itself not applicable.It is used only in conjunction with the main measures to strengthen their effect.
addition, allocate general and specific types of implementation responsibility.Differences of that special kind of punishment may apply only to certain segments of the population or social structures.
also distinguish different ways of implementing responsibility: the property, which include fines or confiscation of property;penalties involving deprivation of liberty, as well as the employment of the individual.As you can see, they are a huge number.
is noteworthy that in the process of conviction or that sanction may be replaced by other types of measure may be reduced, suspended sentence is permissible.Of course, all this takes place solely by the court.Also, the offender can be "granted" release of liability.
types of punishment
Since ancient times, people tried to punish the offenders.Penalties for violators of the order came up with very different.Many of them did not reach the present time, however, some penalties preserve and consolidate not only in everyday life but also in the legal documents.Of course, the most famous of these legal documents is the Criminal Code.
most mild punishment is considered to be a fine.And the performance of his in this case does not present any problems.Roughly speaking, a man punished for his misconduct ruble.
fine - this is one of the most ancient forms of responsibility.It is used in modern criminal law, the vast majority of states and, as a rule, appointed for a relatively small gravity of the offense (eg, economic).A fine can also be used as a supplementary measure to the main penalty.In principle, most often it occurs as well as its independent use makes it doubtful effect.Thus, the collection of the fine from the offender in many cases it is virtually impossible because of the lack of sufficient to repay the amount of penalties.It is also noteworthy that the imposition of a monetary penalty itself could lead and has committed a new crime, because the attacker need somewhere to get funds to pay the fine.
Modern penalties also provide forced labor, when the convict forced to perform compulsory labor.Decades ago, in criminal law, penal servitude was widely used, but now abandoned by the same process.According to recent studies, forced labor is quite good for the correction of the convict.Overall, the work has a beneficial effect on his future employment.A man accustomed to organized activities and brought up in the conditions of everyday life.
punishment - imprisonment
However, not all the measures implementing the criminal liability so soft.Today, as a rule, for serious crimes a person deprived of liberty.This is compulsory in certain premises convict an institution where it is carried out in the subsequent isolation from the society, control over his behavior.Among other things, a man used other methods of educational influence.On the basis of a court order, it can be used as a measure of the suspended sentence.This occurs frequently in practice.
Today a sentence of imprisonment imposed for a number of serious property crimes, offenses against sexual freedom and life.That is, it is imposed for those offenses that cause serious harm to public relations.
Nowadays, there are different types of imprisonment, which are classified according to the term of imprisonment, places to serve his sentence and conditions of detention.
Restrict freedom of the offender, as a rule, only in exceptional cases.It should be noted that these processes are in full control of the Federal Penitentiary Service, which was discussed above.
measures that are no longer used today
not used in practice is not only hard labor, but also some other kinds of criminal coercion.In particular, a few decades ago were widely used reference or exile.By the way, there have been measures and worse.Link - the removal of the offender from the place of residence with the mandatory population of a certain area on a regular basis.Exile - a ban on residence in a certain location (city or state) under penalty of death or imprisonment.
Among other things, today did not apply, at least in the civilized world, corporal punishment.These measures represent one of the most ancient methods of implementation of criminal liability.Corporal punishment included the infliction of physical pain or the offender is injured.Use of this measure is prohibited by numerous international conventions.
summarize
Of course, now the society is not at such a stage of development where the use of various forms of punishment inappropriate.Still yet to eradicate the crime did not succeed.However, the educational purposes of criminal responsibility somehow achieved.Ideally, all mankind must go without any punishment.However, these prospects is quite vague.
As can be seen from the above, the Criminal Code provides for punishment is different, depending on the severity of the offense, as well as many other factors, on which depends the degree of responsibility.Moreover, the responsibilities remain unchanged, however, often made adjustments to the timing.Thus comes the increasing individualization of responses.
