Each of us understands what punishment is, we have known this word since childhood, but do we correctly understand its meaning in the modern world? In the theory of criminal law, the concept, types and system of punishments are the central institution. There is even a discipline of penal law, which studies the types of sentences and methods of implementation. What is punishment in general, what kinds of punishment does it happen for? We will try to answer all these questions.
What is punishment and the punishment system
We will consider punishment in terms of criminal law. That is why punishment is a measure of the impact on the person who committed the crime. Punishment must necessarily be based on the norms of the law, it is forbidden to apply such types of punishments that are not in the law. The types and system of punishments are defined in the Criminal Code of the Russian Federation in an order from less strict to more strict. The list begins with a fine and ends with the death penalty.
Under the punishment system is meant an exhaustive list of existing types of punishments, which are strictly mandatory for the courts in making decisions. All penalties are based on their functions, nature and severity.
Punishment system requirements and goals
We examined the concept of types and system of criminal penalties, now we note what requirements are put forward to the penal system:
- The system should be holistic, unified, each of the elements should be interconnected.
- The system implies hierarchy and consistency from the mildest to the most severe punishment.
- All elements of the system mutually complement one another and, if necessary, can replace each other.
The concept of the purpose of the system and the types of punishments comes down to three main elements. This is the restoration of social justice - the perpetrator must be punished, restricting any of his rights, because he also limited or completely deprived the other of some rights by his crime. Correction of the convicted person is also the purpose of punishment, because it is primarily used to ensure that the perpetrator understands the danger of his behavior and does not commit it in the future. Prevention of new crimes is aimed at the fact that others, seeing how illegal behavior is punishable, will not commit crimes themselves.
Principles of the Punishment System
In criminal law, the system and types of criminal punishments are based on the following principles:
- Legality - all penalties are established by the Criminal Code of the Russian Federation, there are no other laws that could supplement the list, introduce a new punishment. All changes are primarily related to the Criminal Code.
- Personal responsibility - the punishment is applied to a specific person who is guilty of a certain crime. You cannot punish a relative or close person for what the perpetrator did.
- Justice - the principle of commensurability is important, in which the form of punishment should be commensurate with the committed guilty act. Types of crimes and the punishment system are closely interconnected. The more serious the crime, the stricter the punishment that applies to the offender. It is impossible to sentence a person to death for theft or to impose a fine for murder.
- Humanism - human rights and freedoms always come first. The restriction of such an important right as freedom of movement is possible only for grave and especially grave crimes. The legislator seeks to apply any measures of influence to correct the guilty party without imprisonment.
Types of punishments by the nature of the elements
In theory, there are a huge variety of different types and systems of punishment, we will consider the most common and informative, by which you can see the essence of the punishment system. By the nature of the structural elements of punishment are divided into:
- Those associated with deprivation or restriction of liberty. These types of punishments include arrest, restriction of liberty, imprisonment for a specific term or life, detention in a military unit disciplinary. The name and examples show that these are the punishments that somehow restrict the human right to freedom of movement. In this case, the isolation of the perpetrator from society is implied.
- The reverse group - punishments not related to the freedom of the perpetrator. These are all other punishments, for example, a fine, various kinds of work, restrictions on service, deprivation of the right to work in a particular specialty, occupy a specific position, deprivation of rank, award, or class rank.
Types of punishments for the impact on the convict
The system and types of punishments in criminal law are also divided depending on how they influence the perpetrator. Depending on this, two groups are also distinguished:
- Punishments that have a corrective effect on the perpetrator. For example, this is correctional or compulsory work, restriction of service, arrest, imprisonment or restriction of liberty. One way or another, all these punishments are associated with a direct impact on the offender.
- Punishments that do not have a corrective effect on the perpetrator. This is a fine, deprivation of the right to be in a specific position, engage in certain activities, deprivation of awards, rank.
Classification by nature of deprivation
The most important basis for the division of species and the system of punishments is what rights and freedoms are guided by the punishment, what it affects. Based on the above classifications, we see that the punishments are very diverse and multifaceted in nature. On this basis, the following types of punishments are distinguished:
- The punishment that has a moral effect on the offender is the deprivation of awards, rank, rank. Focuses on the moral state of man, affects only the spiritual side of the individual.
- The restriction of certain rights is the deprivation of the right to engage in a particular job, to hold a position. It focuses on a specific service, position, for each person this punishment is individual, the term of deprivation is also determined individually.
- Material deprivation affects resources such as the labor and finances of the perpetrator. This variety includes a fine, various kinds of work.
- Punishments affecting human freedom of movement. This includes all forms of punishment related to the deprivation or restriction of the liberty of the offender - deprivation of liberty for life or for a fixed term, detention in the disciplinary unit of the military, etc.
Main punishments
The central classification is the division of crimes according to the order of sentencing. The first group on this basis are the main punishments. These are those that cannot be assigned as additional ones; they cannot be attached to other types of punishment. They can be appointed only as independent, being central. These types of punishments are strict, they are located at the end of the list, which means they are the most severe of the whole system. Examples of basic sentences are arrest, capital punishment, imprisonment, restriction of military service, corrective or compulsory labor.
Additional punishments
The second group in the order of appointment is additional punishments. To ensure the purpose of punishment, they are not suitable as independent punishments; they can only be used as auxiliary ones, those that are combined with the main ones. A distinctive feature of such punishments is that they cannot be assigned on their own, they are added to the main ones to enhance the effect. An example of such punishment is the deprivation of military rank, class rank or award given by the state.
There are also such punishments that can be both basic and additional. For example, a fine, it is assigned for the individual offenses as the main punishment, and in some cases added to the main punishment. This also includes the deprivation of the right to occupy a position or engage in a particular job.
Other classifications
The concept of the system and the types of punishments can be considered from the point of view of other grounds, as mentioned earlier, there are a lot of them. For example, the division by degree of versatility:
- Those types of punishment that are suitable for all convicts without exception, for example, imprisonment, are suitable for absolutely any person who has committed murder.
- Punishments that target specific categories of criminals. For example, disciplinary detention is only suitable for those who were serving at the time the crime was committed.
According to the degree of urgency, all sentences are divided into:
- Those associated with a specific term - arrest, restriction of liberty, extra methods for a certain period.
- A fine, deprivation of awards, ranks, life imprisonment, and the death penalty are not connected with a certain period of time.
The importance of the punishment system
The significance of the system and types of punishment is global not only in theory, but also in practice. The division of sentences into types and the existence of the system is the embodiment of the principle of legality, in which the work of the court is clearly regulated. Indeed, in imposing a sentence, a judge cannot go beyond the bounds of the law, you cannot invent your own punishments, nor can you combine two main punishments. The principle of justice is already manifested here. The judge analyzes the system of punishments and on the basis of the materials of the case, the degree of public danger of the perpetrator, assigns an individual punishment that will affect a specific person. In addition, the punishment system allows the legislator to track which type of punishment is the most common, which does not meet the needs of the modern world. This necessitates the constant updating and improvement of the law.