Replacement of punishment as an institution of criminal law

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Uploaded: 16.02.2008
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Chapter 1. Overview of the Institute of commutation.
1.1 Development of the Institute for the replacement of punishment in Russia
1.2 The concept and the legal nature of the Institute commutation
1.3 Replacement of punishment under the criminal law of foreign countries
Chapter 2. Types of replacing punishments in criminal law of Russia.
2.1 Replacement of the unserved part of the punishment with a milder punishment
2.2 Replacement of the unserved part of the punishment more severe form of punishment
ZaklyuchenieSpisok used literaturyPrilozheniya
Total 235 pages

Additional information

Relevance of the topic of the research.
In recent years, Russia has undergone global transformations in all spheres of public life. Changed dramatically in political and social system, economy and culture, way of life. Increasingly more stringent requirements of international standards for human rights, which requires serious changes in the new legislation Ros-sian Federation. In particular, in the framework of criminal law reform adopted a new Criminal Code of the Russian Federation, which provides for major changes in the institute of punishment, and in the manner of its execution. Given the deeper and more rigorous differentiation and individualization of criminal responsibility, co-completion of a fresh now look institutions replace the unserved part of the punishment with a milder form of punishment and replacement of the sentence more severe. All this allows us to talk about the gradual establishment of a clear and effective progressive system of punishment.
Under the new Criminal Code of the Russian Federation, major changes have touched institute criminal penalties. Differently stated, the concept of criminal punishment of, the goals of criminal punishment, introduced a new system of penalties. In contrast, from the old RSFSR Criminal Code (of October 27, 1960) the legislator had offered everything from the severity of the punishment in the reverse order, ie, by me-her strict to more stringent. This position is fully consistent with the general principles of sentencing, laid down in Article 60 of the Criminal Code of the Russian Federation, co-responsible with that stricter punishment is prescribed only in cases when less strict kind of punishment will not be able to achieve the purposes of punishment. Besides, there are many new types of criminal sanctions: community service, restriction of liberty, arrest and life imprisonment.
The Criminal Code provides for a variety of its severity, the nature and impact of the measures on the convicted penalties. Their diversity is an opportunity, so the court take into account the severity of the crime, danger, of the person who committed it, and assign a convict just punishment that maximize his remedy and Sun-establishment of social justice and the prevention of new pre-offenses.


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