SOME QUESTIONS OF PAROLE OF PERSONS SUBJECT TO COMPULSORY MEASURES OF MEDICAL NATURE IN CONNECTION WITH DISORDERS OF SEXUAL PREFERENCE (PEDOPHILIA) INCLUDING SANITY
Journal: PENAL LAW
Volume 13 № 2
, 2018
Authors:
1.
MGU imeni M. V. Lomonosova
Type:
Article
Pages:
from 189
to 194
Status:
Published
Received:
28.06.2018
Accepted:
28.06.2018
Published:
28.06.2018
Subject area:
UDK 343.265.2
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
deprivation of liberty, life imprisonment, compulsory medical measures, sexual disorder (pedophilia), goals of compulsory medical measures, purposes of punishment, parole
Abstract (English):
In order to enhance criminal liability for sexual offences, Federal law no. 14-f of 29 February 2012 was adopted “On amendments to the Criminal code of the Russian Federation and certainlegislative acts of the Russian Federation”. This has made possible the application of compulsory medical measures to persons who have committed crimes at the age of 18 years against sexual integrity of juveniles who don’t reach 14 years old, and also has brought changes to a number of other federal laws including the Penal code of the Russian Federation. So, according to the provisions of article 175 of the Penal code of the Russian Federation the penitentiary authorities after petition application by a convict concerning the parole sent to the court, in addition to the petition, the report of the attending physician, as well as characteristics of the convicted person which contains information about the applied forced measures of medical character and his relation to treatment.The subject of this article is the impact of compulsory medical measures applied to a person suffering from pedophilia on his parole. In this regard the features of the use of these coercive measures are considered, along with punishment of a person who has committed a crime and suffers from a disorder of sexual preference.The purposes of punishment and compulsory medical measures are closely intertwined in the application of the above measures. A comparison of the purposes of compulsory treatment and the purposes of punishment allows us to demostrate that an independent institution of compulsory medical measures can have an impact on the right to parole. According to article 175 of the Penal code of the Russian Federation parole for persons suffering from pedophilia is associated with the achievement not only of correction of this category of convicts and prevention of committing new crimes, but also the goals that compulsory medical measures should achieve.When deciding the question of parole re-examination of all persons referred to in part 1 of article 97 of the Criminal code of the Russian Federation is required, not only those who have committed sexual crime against a minor, and therefore it is necessary to present article 175 of the Penal code of the Russian Federation in the new edition.
In order to enhance criminal liability for sexual offences, Federal law no. 14-f of 29 February 2012 was adopted “On amendments to the Criminal code of the Russian Federation and certainlegislative acts of the Russian Federation”. This has made possible the application of compulsory medical measures to persons who have committed crimes at the age of 18 years against sexual integrity of juveniles who don’t reach 14 years old, and also has brought changes to a number of other federal laws including the Penal code of the Russian Federation. So, according to the provisions of article 175 of the Penal code of the Russian Federation the penitentiary authorities after petition application by a convict concerning the parole sent to the court, in addition to the petition, the report of the attending physician, as well as characteristics of the convicted person which contains information about the applied forced measures of medical character and his relation to treatment.The subject of this article is the impact of compulsory medical measures applied to a person suffering from pedophilia on his parole. In this regard the features of the use of these coercive measures are considered, along with punishment of a person who has committed a crime and suffers from a disorder of sexual preference.The purposes of punishment and compulsory medical measures are closely intertwined in the application of the above measures. A comparison of the purposes of compulsory treatment and the purposes of punishment allows us to demostrate that an independent institution of compulsory medical measures can have an impact on the right to parole. According to article 175 of the Penal code of the Russian Federation parole for persons suffering from pedophilia is associated with the achievement not only of correction of this category of convicts and prevention of committing new crimes, but also the goals that compulsory medical measures should achieve.When deciding the question of parole re-examination of all persons referred to in part 1 of article 97 of the Criminal code of the Russian Federation is required, not only those who have committed sexual crime against a minor, and therefore it is necessary to present article 175 of the Penal code of the Russian Federation in the new edition.
Keywords:
deprivation of liberty, life imprisonment, compulsory medical measures, sexual disorder (pedophilia), goals of compulsory medical measures, purposes of punishment, parole
deprivation of liberty, life imprisonment, compulsory medical measures, sexual disorder (pedophilia), goals of compulsory medical measures, purposes of punishment, parole
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