Coercion is a kind of decline, and then, when a person does not want to do certain things. Such actions, which force people to undesirable or even unacceptable moments for them, can be either immoral or, on the contrary, legal, that is legal. Everything will depend on the kind and type of coercion.
What is coercion?
Coercion is an action aimed at forcing a person to do what is undesirable for him. This concept can have both positive and negative definitions and is quite common. Coercion can be almost a crime, but it can also have a legal character, that is, completely legal and widely used.
The most important is the existence of a condition of voluntariness, or rather, its absence. A person to whom coercive measures are applied should not have the desire to perform any action and undergo these or those changes. If he voluntarily agrees to this, without depriving himself of anything at the same time, without limiting himself, coercion will not be considered such behavior.
Coercion conditions
In order for this type of action to fully correspond to its nature, three conditions are necessary. The first of these is the presence of a coercive side. There must be a person or, possibly, several persons who will carry out the very coercion. For example, if it is procedural coercion, then it may be a court or law enforcement officers.
The second condition will be the presence of an object of coercion. These, respectively, are those people who are undergoing certain coercive measures. It is important that the actions applied to them should be forbidden and there should be no possibility to protect themselves from them. However, the prohibition condition does not always apply, when measures of state coercion are applied, it is allowed by law.
And the last, third condition is the presence of any coercive action. That is, the coercive party forces you to perform certain actions, to undergo any restrictions or deprivations, and it is these deprivations that will be the considered coercive action.
Types of Coercion
The general division of such a phenomenon as coercion implies the definition of two main types: mental and physical. The first of them concerns the moral impact on a person, the impact on his state of mind. It usually manifests itself in the form of a threat; pressure is often carried out at the expense of the promise of physical violence.
The second type is aimed at physical coercion. Pain, harm to health - any impact on a person, his body. Of course, these species are very generalized, they talk about the division of coercion as a whole, but they also often distinguish such a species as state or legal, and it completely deviates from the general understanding of this phenomenon and is considered legal.
State coercion
Legal enforcement is a very important element of the criminal justice system. In addition, this is the most common form of coercion in general, since it is legal and not prohibited, moreover, it is a common method of crime prevention. State coercion also has its own types, which are determined taking into account the industry of its action.
The most applicable form of legal coercion is criminal. After catching a criminal, it is very important to prevent negative behavior on his part. In this case, law enforcement authorities or the court have the right to coercion, depending on the type of measures applied.
In addition to criminal, there are also administrative, civil law and disciplinary coercion. Coercion is, as you know, a penchant for something, so each of these industries obliges the person who committed the offense, which has a fundamental difference from the crime, to certain actions that compensate for the negative consequences.
Coercive measures
Compulsory actions - these are the measures that are applied by the relevant entities, namely law enforcement officers. All questions regarding the conditions for their implementation, methods and terms are fixed in the Code of Criminal Procedure of the Russian Federation, which fixes all the necessary points that help prevent crime.
Coercive measures are divided into two groups, those that are aimed at preventing inappropriate actions by a person suspected of committing a crime and those that ensure the procedure of legal proceedings in criminal proceedings, which is also of no less importance. However, special attention must be paid to the first group of coercive measures.
Preventive measure. Detention
Detention is a coercive measure that is applied by the inquiry bodies. This usually happens in order to deter a person who is suspected of committing a crime. It is important to remember that a citizen can only be detained for a certain period, namely forty-eight hours, which requires an early resolution of his situation.
It is after the detention that one of the preventive measures can be chosen, if, of course, it is necessary. These include: personal guarantee; House arrest; pledge; arrest, in this case home; supervision of a person under eighteen years of age, as well as observation of the commander of a military unit; detention.
Each of these measures is applied only on the basis of the decision of the investigator, and in some cases such as, for example, bail or detention on the basis of a court decision. In this case, the deadlines are always taken into account, and any violation of the procedural side of the issue can lead to the invalidity of one or another decision made, and, accordingly, stop the prevention of further crimes.
The value of coercion as a procedural measure
Coercion is always an important part of the criminal process, which helps to prevent the commission of crimes in the future and to stop the negative behavior of suspected persons. Unlike coercion in general, legal is not prohibited and is supported by law, which is of great importance and impact on society.
Of course, coercion in itself, as something that exerts mental and physical pressure on a person, is a negative phenomenon. That is why the law clearly sets the limits for the application of various crime prevention measures, puts the actions of law enforcement agencies in the framework and fixes the principles that determine the importance of human dignity and honor.