OFFENCES WITHOUT RESPONSIBILITY: WHETHER IT IS POSSIBLE IN THE CONSTITUTIONAL STATE?
Journal: PENAL LAW
Volume 12 № 1
, 2017
Authors:
1.
Nauchno-issledovatel'skiy institut FSIN Rossii
Type:
Article
Pages:
from 62
to 65
Status:
Published
Received:
28.03.2017
Accepted:
28.03.2017
Published:
28.03.2017
Subject area:
UDK 343.222
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
offense, legal responsibility, evasion from serving a sentence, administrative responsibility, criminal responsibility
Abstract (English):
The article analyzes the legal situation emerged due to the lack of legal responsibility of convicts digressing from suffering criminal punishment. The penal concept of digression from suffering punishment is much wider and, in addition to its penal types, covers digression from compulsory labor, corrective labor, digression of conditionally released persons and convicts whose sentence is suspended from penal inspections’ control, malicious digression from paying fines, convicts’ digression from serving a sentence in colony- settlement, from receipt of the instruction concerning the direction to the place of serving a sentence or a non-arrival to the place of serving a sentence at the time established in the instruction, digression from compulsory labor. The law doesn’t provide legal responsibility for digression from serving a sentence in all cases listed.At the same time there are all signs of an offense in persons’ actions of digression from suffering criminal sanction in the cases considered. The need for imposing responsibility for digression from serving those types of punishment which were not provided with preventive force of possible legal responsibility in the Criminal Code of the Russian Federation is dictated.
The article analyzes the legal situation emerged due to the lack of legal responsibility of convicts digressing from suffering criminal punishment. The penal concept of digression from suffering punishment is much wider and, in addition to its penal types, covers digression from compulsory labor, corrective labor, digression of conditionally released persons and convicts whose sentence is suspended from penal inspections’ control, malicious digression from paying fines, convicts’ digression from serving a sentence in colony- settlement, from receipt of the instruction concerning the direction to the place of serving a sentence or a non-arrival to the place of serving a sentence at the time established in the instruction, digression from compulsory labor. The law doesn’t provide legal responsibility for digression from serving a sentence in all cases listed.At the same time there are all signs of an offense in persons’ actions of digression from suffering criminal sanction in the cases considered. The need for imposing responsibility for digression from serving those types of punishment which were not provided with preventive force of possible legal responsibility in the Criminal Code of the Russian Federation is dictated.
Keywords:
offense, legal responsibility, evasion from serving a sentence, administrative responsibility, criminal responsibility
offense, legal responsibility, evasion from serving a sentence, administrative responsibility, criminal responsibility
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