SPECIFICATION OF LEGAL CONSEQUENCES OF CRIMINAL RECORD IN THE NORMS OF PENAL LAW
Journal: PENAL LAW
Volume 12 № 3
, 2017
Authors:
1.
Akademiya FSIN Rossii
Russian Federation
Russian Federation
Type:
Article
Pages:
from 358
to 363
Status:
Published
Received:
28.09.2017
Accepted:
28.09.2017
Published:
28.09.2017
Subject area:
UDK 343.8
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
criminal record, form of conviction, legal restrictions, execution of the punishment, release from punishment, edu- cational work with prisoners, separate confinement, recidivism, change of a type of correctional facility
Abstract (English):
Traditionally the criminal record is specific legal institute which assumes a possibility of negative consequences for the convicted person not only at the time of imposing the punishment and after being released, but also in the course of serving the sentence. Naturally a question arrises about affiliation of this legal institute because the criminal record, though it is considered by criminal law, has an essential set of legal consequences in other than criminal legislation. Content of norms of the penal law shows that the criminal record (namely its derivative features) plays an important role in the course of serving a sentence of imprisonment for a certain term. Thus, it is possible to call the specified consequences as penal. However this category needs special approach, otherwise it is necessary to speak about expansion of a subject of the penal law. The author stresses that penal consequences in a number of cases specify those restrictions which are provided by norms of criminal law. Mostly it concerns determination of a cpecific correctional facility, change of a type of correctional facility, the solution of a number of questions of keeping prisoners in places of detention, etc. For example, according to the general rule established by p.1 of Art. 73 of the Penal Code of the Russian Federation, those sentenced to imprisonment serve their sentences in correctional facilities within the territory of the regional subject of the Russian Federation in which they lived or have been tried by the court. However, if they have criminal record for certain categories of crimes and in case of especially dangerous recidive crime the law does an exception. So, prisoners in case of especially dangerous recidive crimes go for serving sentence to the relevant correctional facilities located in the places determined by federal body of the penal system. A number of norms of incentive character do not concern persons who have already served imprisonment.Existence and taking into account derivative features of criminal record, such as envirenment of serving sentence in the form of imprisonment, frequency rate of convitions, the nature of the criminal act determined by the typical elements of the offense, a type of a recidive crime is indisputable. Special attention in the penal legislation is paid to prison recidive crime. Existence and acual application of such norms in the penal law is justified and gives the right to claim that legal consequences of criminal record are specified in the norms of the penal legislation.
Traditionally the criminal record is specific legal institute which assumes a possibility of negative consequences for the convicted person not only at the time of imposing the punishment and after being released, but also in the course of serving the sentence. Naturally a question arrises about affiliation of this legal institute because the criminal record, though it is considered by criminal law, has an essential set of legal consequences in other than criminal legislation. Content of norms of the penal law shows that the criminal record (namely its derivative features) plays an important role in the course of serving a sentence of imprisonment for a certain term. Thus, it is possible to call the specified consequences as penal. However this category needs special approach, otherwise it is necessary to speak about expansion of a subject of the penal law. The author stresses that penal consequences in a number of cases specify those restrictions which are provided by norms of criminal law. Mostly it concerns determination of a cpecific correctional facility, change of a type of correctional facility, the solution of a number of questions of keeping prisoners in places of detention, etc. For example, according to the general rule established by p.1 of Art. 73 of the Penal Code of the Russian Federation, those sentenced to imprisonment serve their sentences in correctional facilities within the territory of the regional subject of the Russian Federation in which they lived or have been tried by the court. However, if they have criminal record for certain categories of crimes and in case of especially dangerous recidive crime the law does an exception. So, prisoners in case of especially dangerous recidive crimes go for serving sentence to the relevant correctional facilities located in the places determined by federal body of the penal system. A number of norms of incentive character do not concern persons who have already served imprisonment.Existence and taking into account derivative features of criminal record, such as envirenment of serving sentence in the form of imprisonment, frequency rate of convitions, the nature of the criminal act determined by the typical elements of the offense, a type of a recidive crime is indisputable. Special attention in the penal legislation is paid to prison recidive crime. Existence and acual application of such norms in the penal law is justified and gives the right to claim that legal consequences of criminal record are specified in the norms of the penal legislation.
Keywords:
criminal record, form of conviction, legal restrictions, execution of the punishment, release from punishment, edu- cational work with prisoners, separate confinement, recidivism, change of a type of correctional facility
criminal record, form of conviction, legal restrictions, execution of the punishment, release from punishment, edu- cational work with prisoners, separate confinement, recidivism, change of a type of correctional facility
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