Punishment is a preventive measure at the state level, which is provided for by the legislation of the Russian Federation. It comes into force only after a court decision, which is issued on behalf of the state. Punishment applies to a person convicted of a specific crime. It is used to restore social justice, as well as correct the convict and prevent new crimes.
The Criminal Code of the Russian Federation has 13 types of punishments of the Criminal Code of the Russian Federation, which are divided into groups: these are basic and additional, and there are also measures that are applied both as the first group and as the second.
Mandatory and corrective labor, restrictions on military service and freedom, arrest, imprisonment in a disciplinary military unit, imprisonment for life or time, and capital punishment are only the main types of punishments.
Penalty, deprivation of the right to engage in certain activities, can be both basic and additional. As for the deprivation of rank, ranks, awards, they are considered only additional types of punishments. Confiscation of property is not one of the punishments; today it is excluded from the list of types of punishment.
Fine
The penalty of a fine of the Criminal Code of the Russian Federation is imposed in situations that are provided for by the legislation of the Russian Federation. The fine should affect the convict by infringing on his interests, both material and property. That is why most often this type of punishment can be seen as sanctions in the commission of mercenary crimes. When analyzing judicial practice over the past few years, you can see that fines occupy about 10 and 12% of all sentences.
Such a penalty will be advisable as the main one only if it is feasible and really infringes on the interests of the perpetrator. What types of punishments are provided for by the Criminal Code of the Russian Federation? We consider further.
Deprivation of the right to conduct business or work as an official
This punishment prohibits conducting activities in the public service, restricts the possibility of promotion in local government. In addition, a ban on engaging in certain activities, for example, medical, pedagogical or any other, may be imposed. A preventive measure may relate to hunting and so on.
This type of punishment of the Criminal Code of the Russian Federation will be the main one only if it is provided for in amendments to a specific article by which a person is judged. As a rule, the offense should be directly related to the conduct of activities. Such a punishment can also be assigned in the transition from a strict to a milder sentence.
As an additional, this punishment is established not only if it is specified in the law by which the perpetrator is tried, but also if his violation is directly related to the conduct of activities. For example, if a person caused damage to the state or other people. That is, in this case, this additional type of punishment under the Criminal Code of the Russian Federation does not allow further activities in a certain area.
Deprivation of rank, rank and awards
This punishment may take effect only if a person has committed a serious or especially serious crime. The essence of this punishment is that because of the crime committed, a person is deprived of special ranks, he cannot perform functions in the service in which he works (tax, customs, and so on). Also, government awards that the state awarded to a person for previously accomplished merits are canceled. Moreover, the perpetrator is also deprived of the benefits that were associated with this award or title. Until now, some departments have cool ranks, therefore, at the request of the judge, a person can be deprived of rank.
This punishment may be additional or basic. It will strengthen the core, also act on the convicted person from a moral point of view.
Mandatory work
This type of punishment of the Criminal Code of the Russian Federation consists in the performance of work by the defendants in their free time from work or study. The culprit must do community service free of charge. It is about caring for the sick, old people, cleaning the streets. Moreover, the type of duration is determined not by a judge or prosecutor, but by self-government bodies.
This punishment is considered the main. Often it is used only in the penal inspection. Mandatory work is assigned only at the place of residence. The term of community service may not be less than 12 hours a week. It all depends on the type of crime. Penalties under the Criminal Code are as fair as possible. If there are good reasons that are prescribed in the law, then by decision of the court it is possible to reduce the term of work. Mandatory social activities cannot be assigned to people with disabilities of the 1st group, women who have a child under three years old, pregnant women, as well as military personnel who, at the time of pronouncing the verdict, are under contract or draft service. We further consider the types of punishments defined by the Criminal Code of the Russian Federation.
Correctional work
Correctional work consists in the forced labor of the convicted person at the place of residence. Their term is set in the verdict. At the same time, a person receives earnings, and the state withholds a certain percentage from him. This type of punishment can only be basic. As a rule, this can be prescribed in all cases, except for serious and especially serious. Often, correctional labor is given only to those people who are not a threat to society, and they should not be isolated from society.
Military restriction
This type of punishment of the Criminal Code is considered relatively new. It can be assigned only to those people who undergo military service under a contract. At the same time, wages, or rather 20% of the amount, are deducted from them. The law states that this restriction may be imposed only as a primary punishment.
Moreover, the law contains a number of conditions. As already mentioned above, this type of punishment can only be assigned to a soldier who serves under the contract. And secondly, this restriction can be established either instead of correctional labor, or for committing crimes related to military service. This type of punishment provides for a ban on the conferment of a military rank, and the perpetrator should not be promoted. Such a punishment mentally presses the convict and due to the fact that his material interests are infringed.
Restriction of freedom
According to Russian law, a person who received a sentence of a restriction of freedom does not have the right to leave the place of stay at any time of the day, cannot visit places that are on the territory of the municipality, does not have the right to travel outside the city, cannot visit mass events, as well as apply for participation in them, he is forbidden to change his place of residence, study and so on. A restriction of liberty may be imposed by a court upon conviction; it also replaces fines if a person does not pay them, correctional labor if they are ignored, and so on. Another restriction of freedom can be imposed if a person is given a milder type of punishment.
It can be applied to people who have reached 18 years of age, to persons who have committed a deliberate crime (having a criminal record does not matter) or by negligence (in the absence of a criminal record). Such a preventive measure is not imposed on military personnel, residents who are stateless or who are citizens of other countries. Also to persons who have not received the right to permanent residence in Russia.
Arrest
This type of punishment provided for by the Criminal Code of the Russian Federation implies strict isolation of a person from society. Arrest is short-term imprisonment. This type of punishment implies that a person by decision of the court should not be in contact with society, that is, he is obliged to live only in a special institution. There he is kept under the strictest supervision, using hard mode. Before the end of the arrest period, leaving this establishment is prohibited. Under the law, an arrest can last from 1 to 6 months. Accordingly, arrest is the same as imprisonment, only for a short time. This type of punishment is the main one; it cannot join other types of punishment. If a person behaves well, then incentives can be applied to him, for example, gratitude or early withdrawal of punishment. If the order is violated, then the guilty party will be increased a preventive measure up to 10 days.
Content in a disciplinary military unit
Another type of punishment according to the Criminal Code of the Russian Federation is the maintenance in the disciplinary part. This punishment applies only to military personnel. In addition, it is assigned only to those people who serve on the call. If we are talking about contractors, then it can be made in the decision only to people who have the rank of ordinary or sergeant.
Such a preventive measure should not be given to someone who, at the time of sentencing, has already served the required time by law. This type of punishment is the main. It is not controlled by local government, but by the Ministry of Defense. Enforced by the work of battalions or companies. All convicts must comply with the necessary regime. When they are serving their sentences, the guilty must wear a uniform uniform, be subordinate to the soldiers, regardless of what rank they had. Anyone who faithfully complies with all the rules may be given incentives. We are talking about gratitude, gifts, money, and they can also prematurely stop the execution of this punishment. If a disorder occurs, then a person may be reprimanded, severely reprimanded or arrested for 30 days.
Term of Imprisonment
Deprivation of liberty is assigned as the main type of punishment provided for by the Criminal Code of the Russian Federation, and can only be applied when, due to difficult circumstances, a person needs to be isolated from society. As a rule, this is done with the help of a settlement colony, correctional colonies of various regimes or prisons. If the person who committed the crime is a minor, then he is given to the educational colony of general or enhanced regime.
How to distinguish a preventive measure from deprivation of liberty from others? Convicts are forced to work and act on them in such a way as to correct the nature and perception of the world. Also, legal restrictions are imposed on a person, which change his status in the state. In addition, they isolate themselves from society through a special institution. The term is set by the court.
Deprivation of liberty affects a person from the physical and spiritual realms. Thus, he cannot move freely, he is limited in time, also in communication with his friends and relatives. This type of punishment is considered one of the most severe and, as a rule, is imposed by the court if a person has committed a crime that carries great public danger. Moreover, correction to another type of punishment is impossible. Be sure to carry out educational work with the guilty.
Life imprisonment
This type of criminal punishment under the Criminal Code of the Russian Federation is considered an alternative to the death penalty. This type of preventive measure is prescribed after the commission of particularly serious crimes that encroach on a person’s life. Such punishment is prescribed not only when it is prescribed by law, but also when the death penalty should be replaced. Conditions of this application: firstly, a person receives a term for a serious crime, as a result of which a person (or people) was (and) deprived (s) of life. Moreover, the court evaluates the case file, the identity of the defendant. If there are extenuating circumstances, and the court cannot recognize the death penalty as a necessary measure of restraint, then it appoints just life imprisonment. This does not apply to the main and additional types of punishments of the Criminal Code of the Russian Federation, which is already understandable.
It should be noted that this punishment is not assigned to women, as well as to persons who have committed their crimes before the age of 18. It is also impossible to imprison a person who has already reached the age of 65 for life. This punishment is considered the most severe. Use it only to avoid the use of the death penalty.
The death penalty
The death penalty is considered the most severe of the main types of punishments of the Criminal Code of the Russian Federation and can be imposed only in some situations. After Russia joined the Council of Europe and signed a special protocol, it pledged itself not to use the death penalty until it is completely excluded from the law. At the moment, the death penalty, as already mentioned above, is being replaced by life imprisonment.
Total
The above describes what types of punishments are provided for by the Criminal Code of the Russian Federation. All of them are aimed at correcting criminals and can prevent new crimes. Each species is described in the article, so any person can learn to navigate the existing preventive measures.
In fact, the death penalty was abolished, not only because it was prohibited by the European Protocol, but also because innocent people often died due to an opaque legislative system. When new facts appeared that indicated that the defendants were innocent, relatives tried to take harsh measures against the prosecutor's office and other investigative authorities.