Individualization of punishment

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Uploaded: 16.02.2008
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Table of contents
Введение………………………………………………………………...…………3

Chapter I. PRINCIPLE individualization of punishment and its reflection in the norms of criminal and criminal-executive legislation and regulations

1.1. Characterization of individualization of punishment
as a cross-sectoral principle 11
1.2. The concept, content and significance of the classification of convicts
as an important means of individualization of punishment 30
1.3. Forms and criteria for the classification of convicts
of domestic legislation 44
1.4. Classification of prisoners in international law
and the practice of penitentiary institutions of foreign countries
(For example in England and Wales) 74

Chapter 2. The problem of individualization of the penalty of deprivation of liberty in his appointment and execution

2.1. Customization criminal penalties of deprivation свободы……………………………………………………………………...……98
2.2. Differentiation convicted on the stage of determining the specific type of correctional institution and its role in the individualization of the penalty of imprisonment 116
2.3. Changing the terms of punishment of convicted within a correctional institution 138
2.4. Changing the type of detention facility for prisoners in punishment 166

CONCLUSIONS ............................................................. ............ ..188

References .... ........................... ..197

APPLICATIONS ... ........................................................................ 215

Additional information

INTRODUCTION
Relevance of the topic of the dissertation of a study on the individualization of punishment is determined by the depth, complexity and multifaceted problem. As a social and legal category in-individualization of punishment due to socio-economic and the Political conditions for the development of society. The study of this problem is important both in the theoretical aspect and in order to improve legisla-tion, which is due to practical needs.
By assigning criminal penalties, the courts in a fair verdict, primarily oriented towards achieving the objectives SET-represented criminal law of the Russian Federation (Art. 44 of the Criminal Code). To implement them, the court must be guided by the fundamental principles of criminal law (Art. 3-8 of the Criminal Code), as well as the principle of eco-mission of criminal repression. In this regard, the law prescribe indie individual approach to each individual case, take into account the nature and degree of social danger of the crime and the identity of the perpetrator, including circumstances mitigating and aggravating the punishment, and the impact of the punishment on the correction of the convict and his family's living conditions (ch. 3 of Art. 60 of the Criminal Code). Despite this, in the judicial practice, there are precedents, when the courts or due to objective circumstances or for subjective reasons the penalty, not of the relevant facts-cal circumstances of the case. Of particular importance is the on-acquires the value of the penalty of deprivation of liberty, in particular in determining the type of correctional institution, the insulation level and the amount assigned to the convict pravoogranicheny that may differ materially. Therefore, the need to study the problem of individualization of punishment cheniya-appointment is very important.
No less important is the question at the stage of individualization Execu-tion of punishment. Analysis of the penitentiary legislation Ros-these leads to the conclusion that there is an extensive system of measures, incentives-controlling, law-abiding behavior of prisoners. Their main aim NE-one to either promote their positive behavior, or the use of Prien-performance impact of deviant behavior. In this respect, the law also justifies the need to address the many factors that determine the individual characteristics of the convicted person, his relationship to the means of correction, etc. This makes possible not only use one-time incentives and penalties, but also changing the legal status of the person, both within a correctional institution (art. 87 PEC RF) and by changing the form of the latter (Art. 78 PEC RF).
In the activities of correctional institutions on the application of these institutions, there are significant disadvantages, which are caused in the cha-alia, changes (often untested and mismatched) made to the Criminal Enforcement Code and the lack of prospects designed for long-woo concept of development of the penitentiary legislation, primarily in the the area of \u200b\u200bthe penalty of imprisonment, and therefore uniformity in the practice of activities, and is also associated with a change in us, enshrined in the CLC of the RSFSR in 1970 and it established criteria for degrees of correction of convicts in the Criminal Enforcement Code, which, in fact, their only represents without making clear boundaries between them.

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