The penal system in criminal law is one of the basic concepts, which is analyzed in more detail and defined in criminal law. The theory of criminal law gives only a general understanding of punishment, its purpose and system. Therefore, for general familiarization, we will describe all these components and determine the significance of punishment for society as a whole. The system consists of completely different types of punishment, the unity of which lies in the goals and objectives.
The concept and purpose of punishment
In the theory of criminal law, punishment is understood as means of influence by the state on the person who committed the crime. It is important to understand that a person must be convicted by a court and really found guilty, only then a punishment is applied to him, the type and size of which is also determined by the court. All this information is reflected in the sentence. Punishment is not applicable to a suspect or accused.
The main goal of the penal system in criminal law is to restore justice in society. In addition, with the help of punishment, the correction of the person who committed the crime is achieved, as well as the prevention and prevention of new crimes both by the same person and by others. It is very important that the punishment is fair and consistent with the requirements of the law and the principles of law.
The concept of the punishment system
Having defined what punishment is as a whole, let us dwell on the concept of a system. The penal system in criminal law refers to the set of penalties established by criminal law, which is located in strict sequence. The basis of the division is the severity of a particular type of punishment, the list begins with the lightest - a fine and ends with a heavy punishment - the death penalty.
The set of penalties established in article 44 of the Criminal Code of the Russian Federation is exhaustive and not subject to free expansion. If changes are made, then only the legislator. The concept of the penal system in criminal law is of great importance. It affects not only the theory of criminal law, but also practice. Following on, we note the characteristic features of the system.
Signs of the punishment system
As a major institution, the penal system in criminal law has a number of features that create its common understanding and distinguish it from other institutions. These include:
- The type, size and, in general, sentencing occurs only on behalf of the state and the competent authority - the court.
- None of the citizens, organizations or public authorities, except the court, can convict a person of a crime.
- Criminal punishment is imposed only for a crime committed by a person; for an offense or misconduct, it is not imposed.
- The penal system in criminal law is regulated only by criminal law, which means that no other branches of law can regulate this institution.
- Individuality - the punishment should be applied only to the person who is guilty of committing a crime, you can not transfer the execution of the punishment to another person.
The above features distinguish criminal punishment from other types of coercion by the state, as well as demonstrate the isolation of criminal law from other industries.
Classification of the penal system in criminal law by the nature of restrictions
As we mentioned earlier, in article 44 of the Criminal Code of Russia, all forms of punishment are arranged in strict sequence. The basis is the degree of severity of a particular type of exposure. Consider the division of sentences depending on the degree of severity and the nature of the restrictions applied to the offender:
- The moral impact on the offender, which does not physically limit, but is aimed at the image and social status. These include the deprivation of a special rank or honorary, as well as the recall of a class rank or other award received from the state.
- Deprivation or restriction of a specific right or opportunity of a person, for example, deprivation of the right to be in a particular position or to engage in one or another type of work (activity).
- Material restrictions that are implemented in the form of a fine or work.
- Restrictions on the right to freedom of movement are the most common. This category includes imprisonment, transfer to a disciplinary military unit, life imprisonment and others.
This basis for the division of the penal system in criminal law is one of the most common, but not the only one.
Basic and additional punishments
Very important in theory and in practice is the division of punishment according to their significance. For this reason, they are divided into:
- The main ones are those types of punishment that are assigned as independent ones; they cannot be used as additional in relation to others and cannot be attached. A vivid example is the death penalty, as well as all types of work, imprisonment and others.
- Additional - such punishments that are used in combination with the basic ones, they cannot be used independently, they always supplement, give social significance to the punishment system in the Criminal Law (criminal law). For example, the deprivation of certain ranks or awards.
- Complex - a separate group of punishments that apply both as additional and as basic. The grounds for using such a group as an auxiliary are defined by law. For example, a fine or exclusion of the possibility of being in a particular position.
Other grounds for classification
Among them:
- Punishments related to isolation of a person from society, which include arrest or imprisonment. This group includes precisely those punishments that free society from dangerous criminals and offenders.
- Penalties not related to isolation. They also restrict the rights of the violator, but others: the right to a salary, disposal of property, land or benefits, labor, free choice of activity. These are all types of work, fines and others.
- An exceptional measure is the kind of punishment a moratorium is imposed - the death penalty.
Mitigating circumstances affecting the type and duration of punishment
The system of penalties under Russian criminal law is exhaustive, in order to understand which of them entails a particular crime, you need to turn to the Criminal Code. The last part of the article defines the types or one type of punishment provided for the act. When assigning and choosing a measure of influence, the court focuses on certain circumstances. Emollients include:
- Finding a woman who has committed a crime while pregnant.
- Young children who are in the care of the offender.
- The minority of the person who committed the crime.
- The commission of a crime for the first time, while its severity should be small.
- A man committed a crime because of a difficult situation, material or psychological, as well as in order to help the suffering person.
- The victim provoked the commission of a crime against him by his behavior.
- The confession and the situation when the guilty person repents of his behavior compensated the victim.
- The commission of a crime due to coercion or by order, which the offender could not violate, and other circumstances that are determined individually by the court in the study of the case.
Aggravating circumstances
In addition to the mitigators listed above, there are also events that, on the contrary, aggravate the size or type of punishment. These include:
- Repeatability when the offender commits a crime not the first time.
- The situation when the offender did not want, but as a result of his actions serious consequences (for example, death) occurred.
- The commission of acts in complicity or as part of a group specially created for this.
- As assistants, involving children, mentally or physically unhealthy people.
- Motives are also important - racial, religious or other kind of hatred, intolerance, out of revenge.
- Unlawful act against a girl who is in a state of pregnancy, while the offender must understand that she is expecting a child and other circumstances that are also studied individually by the court.
Sizes and terms
Most types of sentences are measured in months and years, and only work is calculated in hours.
- Months and years are calculated:
- Deprivation of the opportunity to be in a specific position, to engage in one or another type of work - from 6 months to 20 years.
- Correctional work - from 2 months to 2 years.
- The restriction of the human right to freedom of movement is from 1 to 5 years.
- Penalties related to military service - from 3 months to 2 years.
- The arrest, which is assigned from 1 to 6 months.
- Impact in the form of placement in a military disciplinary unit - from 3 months to 2 years.
- Deprivation of the right to liberty may be generally life-long or from 2 months, and a maximum of 30 years.
2. Mandatory work is the only one calculated in hours.
3. Fines, of course, are fixed in the form of specific amounts.
4. Pay attention to the death penalty, it has no expression in terms or amounts.
The system of punishments under the criminal law of Russia is unique and is constantly being developed, changed and supplemented. Therefore, the timing and size must be constantly double-checked and looked at the provisions of the criminal law, because the legal system is a dynamic phenomenon.
The meaning of punishments
Having examined the definition and classification, we turn to the significance of the penal system in criminal law. This institution, of course, is very important and significant. It is he who aims to restore social justice and balance in society. Any violator of the law should be punished, which, depending on the degree of danger of the acts committed by him, isolates or otherwise affects the offender. Only when the population sees and understands that violation of the law entails serious consequences, the order and discipline will come in society, which are important for building a democratic state of law.