Basic penalties for criminal offences. Goals and types of punishments for criminal offenses. Concept, signs and significance of the criminal punishment system

An unlawful act is an act with a high degree of public danger, which is contrary to current legislative norms, and provides for imprisonment as a measure of liability. Serious crimes according to the Criminal Code of the Russian Federation pose a more serious threat than acts of mild and moderate severity, therefore the punishment for their commission will be as severe as possible.

Classification of crimes

The classification of crimes implies their division into types, groups and categories, depending on the nature of the commission, the circumstances of the case, the degree of public danger, etc. The classification of criminal acts can also be based on other characteristics, for example, the status of the attacker. On the features of the sane criminal liability it will be affected by what gender the criminal was, whether the crime was committed for the first time or whether the repeat offender is responsible before the law, whether he has reached the age of majority or not, whether he is sane or inadequate.

There are particularly serious crimes and simply acts of a high degree of gravity. Serious crimes are intentional acts or acts committed through negligence. The maximum term of imprisonment for them does not exceed 10 years. Particularly serious crimes are committed deliberately, with cold calculation and to achieve certain goals. They exclude the fact of negligence. The punishment for them is from 10 to 20 years in prison.

The classification of crimes can be carried out on the basis of such factors as the motive of the act, the form of guilt, the amount of damage caused, the method of encroachment on rights and freedoms. According to the level of public danger, serious crimes include:

simple;
qualified, i.e. committed with aggravating circumstances;
privileged, for which loyal measures of criminal liability are provided, since the crime was committed under mitigating factors.

Crimes cannot be regarded as serious and intentional if a person violated the law by exceeding the necessary measures of self-defense. Liability may also be reduced for acts committed under pressure, using physical or mental coercion, violence and threats.

Responsibility for committing serious crimes

Serious crimes are intentional acts for which criminal liability is established. The Criminal Code of the Russian Federation has more than one article that provides punishment for crimes with a high level of public danger. Such acts, for example, include rape. Under Article 131, committing such a crime is punishable by imprisonment for a term of 3 to 6 years. You can go to prison for a similar period for committing robbery and assault that have qualifying characteristics.

Acts in the economic sphere are considered especially serious. You can be imprisoned for 7 years if the actions were intentional and caused serious material damage to the physical or legal entity, as well as states. A crime with a high degree of gravity is the infliction of severe bodily harm and harm to the health of citizens. Punishment for intentional physical harm resulting from beating is regulated by Article 111 of the Criminal Code of Russia.

A measure of state coercion provided for by the Criminal Code of the Russian Federation, applied by a court verdict on behalf of the state to a person found guilty of committing a crime.

Punishment is applied in order to restore social justice, as well as to correct the convicted person and prevent the commission of new crimes.

The Criminal Code of the Russian Federation includes 13 types of punishment, which are divided into two groups: basic (used independently) and additional (used only in combination with the main ones), as well as measures used as both basic and additional.

Compulsory work, correctional work, restrictions on military service, restriction of freedom, arrest, detention in a disciplinary military unit, imprisonment for a certain period, life imprisonment, the death penalty are applied only as the main types of punishment.

Fine and deprivation of the right to hold certain positions or activities certain activities are used as both primary and additional types of punishment.

Deprivation of a special, military or honorary title, class rank and state awards are applied only as additional types of punishment. Confiscation of property is excluded from the list of types of punishment and is currently used as another measure of a criminal law nature.

Eat monetary recovery, appointed within the limits provided for by the Criminal Code of the Russian Federation.

The essence of a fine is to infringe on the property interests of the person guilty of committing a crime. There are two ways to determine the amount of the fine:

in the form of a certain amount of money (from 2.5 thousand rubles to 1 million rubles);
in the form wages or other income of the convicted person for a certain period (from two weeks to five years).

This has important practical significance, since punishment is equally repressive in relation to different segments of the population.

In case of malicious evasion of payment of a fine imposed as the main punishment, it is replaced within the limits of the sanction provided for in the article of the Special Part of the Criminal Code of the Russian Federation (Part 5 of Article 46).

The concept of malicious evasion of a fine is defined by the penal law: a convicted person who has not paid a fine or part of a fine within the period established by Part 1, 3 of Art. 32 of the Penal Code of the Russian Federation.

or studycertainactivities consists of a ban on holding positions in public service, in organs local government or engage in certain professional or other activities.

If convicted of committing a grave or especially grave crime, taking into account the identity of the perpetrator, the court may deprive him of a special, military or honorary title, class rank and state awards.

Consists of the convicted person performing free public services in his free time from his main work or study. useful works. The type of compulsory work and the facilities at which they are performed are determined by local government bodies in agreement with the penal authorities.

The features of this type of punishment are:

compulsory work;
performing work only during free time from main work or study;
free work for the convicted person;
determination of the type of work and the facilities where they are performed by local government bodies in agreement with the penal inspections.

In relation to convicts who maliciously evade serving compulsory labor, the penal inspection sends to the court a proposal to replace compulsory labor with another type of punishment in accordance with Part 3 of Art. 49 of the Criminal Code of the Russian Federation.

They are assigned to a convict who does not have a main place of work, and are served in places determined by the local government body in agreement with the body executing punishment in the form of correctional labor, but in the area of the convict’s place of residence.

In case of malicious evasion of serving a sentence by a person sentenced to correctional labor, the court may replace the unserved part of the punishment with restriction of freedom, arrest or imprisonment at the rate of one day of restriction of freedom for one day of correctional labor, one day of arrest for two days of correctional labor, one day imprisonment for three days of correctional labor (Part 4 of Article 50 of the Criminal Code of the Russian Federation).

It consists of depriving the possibility of promotion and military rank of convicted military personnel performing military service under a contract, with the simultaneous withholding to the state income of the part of their monetary allowance established by a court verdict (Article 51 of the Criminal Code of the Russian Federation).

While serving a restriction on military service, the convicted person cannot be promoted in position or military rank, and the term of punishment is not counted towards the length of service for the assignment of another military rank(Part 2 of Article 51 of the Criminal Code of the Russian Federation). Restrictions on military service are imposed for a period of three months to two years, and when replacing a serviceman with correctional labor assigned for committing crimes not related to military service, a restriction on military service - for a period of two months to two years. If, taking into account the nature of the crime committed and other circumstances, a convicted serviceman cannot be retained in a position related to the management of subordinates, he, by decision of the relevant commander of the military unit, is moved to another position both within the military unit and in connection with a transfer to another unit or terrain (Article 145 of the Penal Code of the Russian Federation).

It consists of keeping a convicted person, who has reached 18 years of age at the time of sentencing, in a special institution without isolation from society under supervision (Part 1 of Article 53 of the Criminal Code of the Russian Federation).

In the event of a malicious evasion by a convicted person from serving a restriction of freedom, it is replaced by imprisonment for the term of the restriction of freedom imposed by a court verdict. In this case, the time of serving the restriction of freedom is counted towards the term of imprisonment at the rate of one day of imprisonment for one day of restriction of freedom (Part 4 of Article 53 of the Criminal Code of the Russian Federation).

Arrest consists of keeping the convicted person in conditions of strict isolation from society and is established for a period of one to six months. If compulsory labor or correctional labor is replaced by arrest, it may be assigned for a period of less than one month.

Arrest is not imposed on persons who have not reached the age of 16 at the time of the court's sentencing, as well as pregnant women and women with children under the age of 14.

Appointed to military personnel undergoing military service on conscription, as well as military personnel undergoing military service under a contract in the positions of privates and sergeants, if they have not served the statutory period of conscription service at the time of the court's verdict. This punishment is set for a period of three months to two years.

It consists of isolating the convicted person from society by sending him to a settlement colony, placing him in an educational colony, a medical correctional institution, a general, strict or correctional colony. special regime or to jail.

Imprisonment is set for a period of two months to 20 years.

In the case of partial or complete addition of terms of imprisonment when imposing sentences for a set of crimes, the maximum term of imprisonment cannot be more than 25 years, and for a set of sentences - more than 30 years.

Established only for the commission of especially serious crimes that encroach on life, as well as for the commission of especially serious crimes against public safety.

Life imprisonment is not imposed on women, as well as persons who committed crimes under the age of 18, and men who have reached the age of 65 at the time of sentencing.

As an exceptional measure of punishment, it can only be established for especially serious crimes that encroach on life. Currently in Russia there is a moratorium on death penalty until 2010, the Constitutional Court of the Russian Federation, by its resolution of February 2, 1999 No. 3-P, established that until the creation of jury courts in all subjects Russian Federation The death penalty cannot be imposed by any court of the Russian Federation.

Concept, signs and significance of the criminal punishment system

The variety of protected social relations, socially dangerous acts encroaching on them, as well as the personality traits of criminals determine the need for strict individualization of punishments. An indispensable condition for this is the establishment in law of a wide list of types of criminal penalties that differ in punitive, educational and preventive capabilities. It is no coincidence that the criminal legislation of the Russian Federation (Article 44 of the Criminal Code) provides for a list that includes 12 types of punishments: fine; deprivation of the right to hold certain positions or engage in certain activities; deprivation of a special, military or honorary title, class chip and state awards; compulsory work; correctional work; restriction on military service; restriction of freedom; arrest; detention in a disciplinary military unit; imprisonment for a certain period of time; life imprisonment; death penalty. All these types of punishments are different in nature, severity and potential impact on the convicted, which allows the court in each specific case to assign a fair and most appropriate punishment to the person guilty of committing a crime. Consolidation of various types of punishments in the law- one of the most important features of the list of criminal penalties.

Its other most important feature is comprehensive certainty in criminal law. According to the classical principle « nullumcrimen, nullapoenabluelege» (“there is no crime and there is no punishment without specifying it in the law”), embodied in the principle of legality (Article 3 of the Criminal Code), the court can assign to the convicted person only the type of punishment that is indicated in this list, defined by the criminal law. The court cannot apply any other measure of state influence as a criminal punishment to the perpetrator, no matter how effective this measure may seem to the court. This is an important legislative guarantee of the rights of convicted persons against arbitrariness.

Another feature of the list of punishments provided for by law is its orderliness: all types of punishments are arranged in it in accordance with the principle “from less severe to more severe”, forming a “ladder of punishments”. This feature has important practical significance. Firstly, it shows how the legislator assesses the relative degree of severity of certain types of punishments, which is important for the court to assign a fair punishment to the convicted person, for example, when choosing a more lenient punishment than provided by law (Article 64 of the Criminal Code), when replacing the unserved part of the punishment with a more lenient one. lenient punishment (Article 80 of the Criminal Code) and in other cases. Secondly, it psychologically orients the courts towards economic measures of criminal legal repression, “working” on what is expressed in Part 1 of Art. 60 of the Criminal Code a humane idea, according to which “a more severe type of punishment from among those provided for the crime committed is assigned only in cases where a less severe type of punishment cannot ensure the achievement of the goals of punishment.” The same idea and this principle underlie the construction of alternative sanctions in the articles of the Special Part of the Criminal Code.

An important feature of the list of punishments is its binding for the court. Both the exhaustive list of types of punishments established by law and the ratio of the degree of severity of individual types of punishments established by law, as well as their limits, conditions and order of assignment, etc. are obligatory for the court.

In the theory of criminal law, it has become customary to call a list of criminal penalties with the noted features "punishment system" and the latter is defined as “an exhaustive list of types of punishments established by criminal law and mandatory for the court, arranged in a certain order, taking into account their nature and comparative severity.”

But such definitions, which reduce the concept of a punishment system to a simple listing of them in the law, are superficial and, in principle, incorrect. A system is not any, but only a special state of a certain set: in order for a certain set to be endowed with the status of a system, it is not enough that its constituent elements are simply listed; a sufficient set of system-forming features is necessary. The concept of “penalty system” is richer in content than the concept of “list of punishments”. Along with the above-mentioned features of the list of punishments, which are also characteristic of the punishment system, the latter also has such a distinctive feature as functionality: the system is not a “dead”, static list, but a “living” dynamic phenomenon; the list is only a “technological” method of presenting it in the law (A.JT. Tsvstipovich). There is another thing - a formal difference between the system of punishments and the list of punishments: if the latter is devoted to a single article. 44 of the Criminal Code, then the issues of the construction and functioning of the punishment system - the entire complex of criminal law norms regulating the institution of punishment and its purpose, including the system of sanctions of articles of the Special Part of the Criminal Code.

The system of criminal penalties is created by the state, i.e. by the will of the people. However, it is not something far-fetched, artificial: it owes its emergence and existence to the necessity that gave birth to it, it is socially conditioned. The emergence and functioning of the punishment system is predetermined by a number of objective and subjective factors: the punishment system is required by the systematic nature of social relations; The punishment system is designed to facilitate the work of the legislator and law enforcement agencies, to facilitate the study and determination of the effectiveness of its constituent elements. Based on all of the above, it seems more accurate and correct to determine punishment system as a socially conditioned integral set of interacting types of criminal penalties, established by law in the form of an exhaustive list, taking into account their comparative severity.

Classification of criminal penalties

The variety of properties allows them to be classified on various grounds. The most significant in criminal law terms are the criteria contained in the Criminal Code, which directly provides for three grounds for dividing punishment into types:

according to the degree of their severity (Article 44);
according to their potential (Article 45);
according to the workload they perform and their role in achieving the goals of punishment (Article 45).

According to the severity of the deprivations and restrictions contained in them All 12 types of punishments are distinguished: in accordance with the given criteria, each of them occupies a place determined by law in the system, which is important when applying a number of institutions of criminal law.

Depending on their potential all types of punishments provided for by law (Article 44 of the Criminal Code) are divided into three groups: some can be applied only as basic ones (Part 1 of Article 45 of the Criminal Code), others - only as additional ones (Part 3 of Article 45 of the Criminal Code), still others can be used as both primary and additional punishments—the so-called mixed type or universal punishments (Part 2 of Article 45 of the Criminal Code).

Depending on the performed specific types punishment loads and their role in realizing the goals of punishment(Part 2 of Article 43 of the Criminal Code) punishments vary main - performing the main (main) role in the implementation of the goals facing punishment, and additional - performing an auxiliary (additional) role in the implementation of these goals. The legislator will attach the most importance to the classification of punishments to the given grounds, devoting it to a special article of the criminal law (Article 45 of the Criminal Code), reflecting it in the rules for the application of certain types of punishments (for example, Articles 46, 47, 64 of the Criminal Code) and the sanctions of articles of the Special Part of the Criminal Code.

Basic and additional punishments

Basic and additional punishments have a single social purpose, a single essence, common goals and functions. At the same time, they bear different loads in achieving the goals of punishment, which determines a number of their distinctive features.

Basic punishments- these are types of punishments provided for by criminal law that are designed to bear the main burden (play the main role) in achieving the goals of punishment. The main ones include eight types of punishments listed in Part 1 of Art. 45 of the Criminal Code (compulsory labor, correctional labor, restrictions on military service, arrest, detention in a disciplinary military unit, imprisonment for a certain period, life imprisonment, death penalty), as well as a fine, deprivation of the right to hold certain positions or engage in certain activities and restriction of freedom specified in Part 2 of Art. 45 of the Criminal Code.

Other distinctive features of basic punishments include, in particular, the fact that they:

are indicated in the sanctions for all crimes listed in the articles of the Special Part of the Criminal Code;
appointed by the court whenever the court is convinced of the need to impose criminal punishment on the perpetrator;
are used only as independent ones, they cannot be attached to any other punishment, etc.

Basic punishments are imposed by the court only if they are included in the sanctions and only in exceptional cases, directly provided for by law, can they be applied in the absence of instructions about them in the sanctions in order to replace another punishment (Articles 64, 65, 80-82, 84, 85 of the Criminal Code) .

Additional penalties are such types of punishments that are designed to bear an additional burden and perform a supporting role in achieving the goals of punishment. These include punishments of the so-called mixed type - a fine, deprivation of the right to hold certain positions or engage in certain activities, restriction of freedom, as well as deprivation of a special, military or honorary title, class rank and state awards (Parts 2 and 3 of Article 45 of the Criminal Code ). In contrast to the main punishments, additional ones are indicated in sanctions not for all, but only for some crimes, in some cases as mandatory, in others as optional (optional). They are appointed by the court only in addition to the main punishments - in cases where, due to the circumstances of the case and taking into account the characteristics of the personality of the perpetrator, it is necessary to strengthen the punitive and (or) educational and preventive capabilities of the general punishment, to individualize it for more successful implementation of the goals of punishment. Additional punishment cannot be more severe than the measure of the main punishment to which it is attached, and should not be of the same type as it, otherwise the meaning in their joint application and the logic of the relationship of their roles in realizing the goals of punishment are lost.

The role of basic punishments is obvious, but the meaning of the sign of additional punishments needs explanation. This feature consists in the presence of additional punishments with specific functional capabilities, which they implement by participating in the implementation of the general goals and functions of criminal punishment. This functionality is that additional penalties can (and, in our opinion, should) be applied in cases where it is necessary:

to ensure the individualization of punishment by supplementing the main punishment with the necessary punitive and educational and preventive capabilities available to the additional punishment;
to increase the severity of the punishment imposed on the perpetrator;
to mitigate the main punishment (for example, when it is necessary to impose an additional punishment, but in such a way that it does not lead to aggravation of the general punishment, or if there is a need to abandon an inappropriate main punishment by replacing it with a less severe main punishment in combination with an additional punishment);
for readaptation to conditions of free life (for example, while serving an additional sentence in the form of restriction of freedom) of persons released from prison who have lost socially useful connections, if there is a danger of new crimes on their part.

Dividing punishments into basic and additional types allows you to more fully take into account the specifics of the crime and the personality traits of the perpetrators when assigning punishment, and more effectively implement the goals of punishment.

In the theory of criminal law, it is proposed and other classifications of punishments, many of which have significant scientific and educational significance:

by the nature of the impact they have (moral and psychological impact on the convicted person; impact on the selfish motivation of the convicted person; limiting professional rights convicted; restricting the personal freedom of the convicted person; depriving a person convicted of a particularly serious crime of the right to life - death penalty);
depending on the connection of the punishment with the corrective influence on convicts (punishments related and not related to such influence);
depending on the degree of “universality” of the types of punishments (general and special punishments - applicable only to certain types of convicts);
depending on the duration of the correctional influence exerted on the convicted person (urgent and punishments not related to the establishment of any term);
additional punishments applied only when they are mentioned in the sanctions of the articles of the Special Part of the Criminal Code and such types of punishments that can be imposed by the court even in the absence of references to them in the sanctions).

In fact, any significantly significant feature can serve as the basis for the classification of punishments, and it is only important that there is a need for the corresponding classification and that the logical rules for classifying phenomena are observed. Subject to these conditions, each type of classification is capable of introducing new knowledge about the subject of classification, its diverse properties and capabilities.

What is punishment and how many types of such are included in the criminal legislation of the Russian Federation? What punishments are used in legal proceedings, both basic and additional? In our article we will talk in detail about each type of punishment.

Criminal punishment is a measure of state coercion, provided for by sanctions of the Criminal Code of the Russian Federation and used in order to achieve social justice, correction of convicts and to prevent new crimes, both by guilty persons and other citizens. This measure is applied only by a court verdict on behalf of the state.

The punishment imposed by the court for a socially dangerous act committed is nothing more than a form of implementation of criminal liability.

Classification of criminal penalties

Given the high diversity of properties of criminal penalties operating on the territory of the Russian Federation, they can be classified on various grounds. The Criminal Code of the Russian Federation contains direct criteria that allow us to distinguish three grounds for dividing punishments:

Art. 44 of the Criminal Code of the Russian Federation divides punishments into types according to their degree of severity - they define 12 full punishments (13, if we count such a type of punishment as the death penalty);
Art. 45 of the Criminal Code of the Russian Federation defines punishments according to potential capabilities - they are divided into three groups: basic, additional and mixed (both basic and additional);
Art. 45 of the Criminal Code of the Russian Federation also distributes punishments according to the load they perform and their role in implementing the goals of punishment, so there are main ones, which perform the main role, and additional ones, which perform auxiliary functions.

Basic and additional criminal penalties

The Criminal Code of the Russian Federation in Article 44 contains 13 types of criminal penalties, which are divided into three main subgroups: 1. Punishments that are applied exclusively as main ones (those that are designed to bear the main burden in achieving the goals of punishment):

compulsory or corrective labor,
restrictions of freedom,
arrest,
restrictions on military service,
detention in a disciplinary military unit,
imprisonment for a specified period court term,
life imprisonment,
death penalty (in Russia there is a moratorium on the death penalty).

Distinctive features of the main types of punishment are that they are directly indicated in the sanctions for all crimes listed in the articles of the Criminal Code of the Russian Federation, and are also always assigned by the court if the court is convinced of the need to impose criminal punishment on the perpetrator. In addition, the main types of criminal punishment are applied only as an independent type of punishment.

2. Punishments that are assigned as additional:

Deprivation of a special, honorary or military rank,
Deprivation of class rank,
Deprivation of state awards.

3. Punishments that are assigned both main and additional:

deprivation of the right to engage in certain activities or hold certain positions,
fine.

Criminal punishment - fine

This type of criminal punishment, such as a fine (Article 46 of the Criminal Code of the Russian Federation), is a monetary penalty that can be imposed by a court within the limits provided for by the articles of the Criminal Code of the Russian Federation. The essence of this punishment is the infringement of the property interests of the person who committed the crime. The amount of the fine is determined in two ways:

in the form of a fixed sum of money - from 5,000 rubles to 5,000,000 rubles, the exact amount of the fine is determined by the court depending on the severity of the crime committed and the property status of the convicted person;
in the form of wages or other income of the convicted person for a period from 2 weeks to 5 years.

You can read more about punishment in the form of a fine in the article “”.

Criminal punishment - deprivation of rights

Deprivation of the right to engage in a certain activity or hold a certain position (Article 47 of the Criminal Code of the Russian Federation) is a punishment that represents a ban on carrying out professional or other activities (for example, medical or teaching) or a ban on holding positions in the public service or in self-government bodies. This type of punishment can be either primary or additional; it is imposed for a period of 1 year to 5 years. You can read more about punishment in the form of deprivation of rights in our article “”.

When a person is convicted of committing a serious or especially serious crime, the court may impose punishment in the form of deprivation of a special, honorary or military rank, deprive the perpetrator of state awards and class ranks (Article 48 of the Criminal Code of the Russian Federation).

Criminal punishment - compulsory work

Compulsory work (Article 49 of the Criminal Code of the Russian Federation) is socially useful free work that a convicted person must perform in his free time from his main job or study. The facility where compulsory work will be carried out and its types are determined by local government bodies together with the criminal-executive inspection. Compulsory work can be assigned for a period of from 60 to 480 hours; work is served by a convicted person for no more than 4 hours a day. In case of malicious evasion from serving compulsory work, this type punishment can be replaced by another, in accordance with Part 3 of Art. 49 of the Criminal Code of the Russian Federation.

Important! Compulsory and corrective labor cannot be assigned to pregnant women and women with children under 3 years of age, to disabled people of the 1st group and to military personnel serving under conscription or under contract in the positions of privates and sergeants.

Criminal punishment - correctional labor

Correctional labor (Article 50 of the Criminal Code of the Russian Federation), in contrast to compulsory labor, is assigned to a convicted person who does not have a main place of work and only as the main type of punishment. The place where the sentence is served is determined by local authorities together with the criminal correctional inspection, but the facility must be located in the area of residence of the convicted person. The term of correctional labor assigned to a convicted person is calculated from 2 months to 2 years. Punishment is implemented through deduction to state income from the salary of a person sentenced to correctional labor; the amount of deduction is established by a court verdict and ranges from 5% to 20%. In the case of malicious evasion from serving a sentence, the court, upon the proposal of the criminal-executive inspection, may replace the unserved part of the correctional labor with arrest, restriction or imprisonment for a term based on:

one day of restriction of freedom for one day of correctional labor;
one day of arrest for two days of work;
one day of imprisonment for three days of work.

Criminal punishment - restriction on military service

Restriction on military service (Article 51 of the Criminal Code of the Russian Federation) is the deprivation of the opportunity for a convicted person to be promoted and receive military ranks with the simultaneous deduction of part of the monetary allowance in favor of state income in the amount established by the court. This type of punishment is imposed for a period of 3 months to 2 years, during which time the convicted person not only cannot be promoted, but also the term of punishment is not counted towards the length of service for the assignment of the next military rank. Also, a convicted person may be transferred to another position, including with a transfer to another unit, if the nature of the crime he committed or other facts are decisive in the issue of the impossibility of leaving him in his position.

Criminal punishment - restriction of freedom

Restriction of freedom (Article 53 of the Criminal Code of the Russian Federation) is the maintenance of a convicted person under controlled conditions without isolation from society. Restriction of freedom implies:

impossibility for a convicted person to visit certain places;
the impossibility of his absence from his permanent residence address at a certain time of the day;
the impossibility of a convicted person leaving a certain municipality without permission from the supervising inspector;
inability to change place of residence, work or study without the consent of the supervising inspector.

Restriction of freedom is imposed on convicted persons as the main punishment for a period of 2 months to 4 years for crimes of minor and medium gravity, as an additional punishment for a period of 6 months to 2 years to imprisonment or forced labor. In addition, when imposing a sentence, the convicted person is obliged to register with a specialized body within 1 to 4 months after the court verdict enters into legal force.

In case of malicious evasion from serving the sentence, it can be replaced by a sentence of imprisonment for the entire period of restriction of freedom.

Criminal punishment - forced labor

This type of punishment is regulated by Art. 53.1 of the Criminal Code of the Russian Federation, it is prescribed as an alternative to imprisonment for crimes of minor and medium gravity, as well as a serious crime committed for the first time. Forced labor is ordered by the court when there is reason to believe that the convicted person has the opportunity to reform without actually serving his sentence in prison.

Important! Forced labor cannot be imposed on a convicted person who has been sentenced to imprisonment for a term of more than five years.

Forced labor is prescribed by the court for a period of 2 months to 5 years. The place of execution of punishment is determined by the bodies and institutions of the penal system. In case of malicious evasion of serving the sentence, work is replaced by imprisonment on the basis that one day of forced labor is equal to one day of imprisonment.

This type of punishment does not apply to disabled people, pregnant women, women with children under 3 years of age, women and men who have reached 50 and 60 years of age, respectively, as well as military personnel.

Criminal punishment - arrest

This type of criminal punishment, such as arrest, is the confinement of the convicted person in strict isolation from society. During arrest, the convicted person is not granted visits, except for visits with persons entitled to legal assistance, and the transfer of parcels, with the exception of essential items, is not allowed. The arrest is established for a period of 1 to 6 months. When replacing compulsory or correctional labor with arrest, the punishment may be imposed by the court for a period of less than 1 month.

Important! Arrest cannot be imposed by the court as a criminal punishment on persons whose age has not reached 16 years at the time of the court verdict, as well as pregnant women and women with children under the age of 14 years.

Criminal punishment - detention in a disciplinary military unit

Confinement in a disciplinary military unit (Article 55 of the Criminal Code of the Russian Federation), as a type of criminal punishment, is assigned to military personnel who are serving on conscription or under a contract, with regard to the positions of privates and sergeants, provided that at the time of sentencing, the period of his service not finished. This type of punishment is established for a period of 3 months to 2 years for a crime against military service.

Criminal punishment - imprisonment

Imprisonment for a certain period of time (Article 56 of the Criminal Code of the Russian Federation) is a punishment in the form of placing the convicted person under control with isolation from society, carried out by sending the guilty person to a correctional institution of general, strict or special regime, as well as to a prison, colony settlement, educational institution colony or medical correctional institution. This type of punishment is imposed by the court for a period of 2 months to 20 years. In case of full or partial addition of the terms of punishment imposed for the totality of the crime, the maximum term of imprisonment cannot be more than 25 years, and for the totality of sentences - 30 years. For minors, the sentence for the totality of all crimes and sentences should not exceed 10 years.

Criminal punishment - life imprisonment

This type of punishment is imposed by the court only for crimes of particular gravity, encroaching on a person’s life, or directed against public safety. Life imprisonment (Article 57 of the Criminal Code of the Russian Federation) is assigned only for a completed crime. The Criminal Code of the Russian Federation contains six articles that provide for this type of punishment - these are Articles 105, 205, 277, 295, 317, 357 of the Criminal Code of the Russian Federation.

This type of punishment is not imposed on women, as well as men who were under the age of majority at the time of the crime, or who had reached the age of 65 at the time of sentencing.

Criminal penalty - death penalty

The death penalty (Article 58 of the Criminal Code of the Russian Federation) is an exceptional punishment that can only be imposed for especially serious crimes. This type of punishment is carried out non-publicly by execution, in the presence of a prosecutor, a representative of the institution executing the sentence and a doctor, who subsequently confirms the death of the convicted person. Upon execution of the sentence, the administration of the institution is obliged to notify the court and one of the close relatives of the convicted person about this. Since 1999, a moratorium on the death penalty has been introduced on the territory of the Russian Federation; this type of punishment has been replaced by life imprisonment!

Types of punishment

The new criminal legislation has introduced a number of significant changes to the system of criminal penalties. New types of punishments have appeared and, on the contrary, a number of punishments have been excluded from criminal legislation. The sequence of types of punishments has been changed. The variety of types of punishments in criminal law allows the court to take into account the severity of the crime committed, the danger of the person who committed it, and assign a fair punishment to the convicted person. The types of punishments in criminal law are strictly defined and set out in a certain sequence.

The punishment system is an exhaustive list of types of punishments established in the criminal law, arranged in a certain order. The establishment in law of types of punishments, indicating their amounts and the procedure for application, has great value to implement the basic principles of criminal law when assigning and individualizing punishment to convicted persons.

The criminal legislation of the Russian Federation contains an exhaustive list of punishments that a court can impose for a crime committed by the perpetrator. The Criminal Code of the Russian Federation also regulates the procedure and conditions for imposing a particular type of punishment, its exact minimum and maximum limits. All this is a firm guarantee of compliance with the rule of law in the administration of justice.

In order to specifically determine the types of punishments for criminal offenses, let us turn to Article 44 of the Criminal Code of the Russian Federation (the Criminal Code of the Russian Federation is the main regulatory legal act in this area), which sets out 12 types of these punishments.

Types of punishment:

· deprivation of the right to hold certain positions or engage in certain activities;

· deprivation of a special, military or honorary title, class rank and state awards;

· compulsory work;

· correctional work;

· restrictions on military service;

· restriction of freedom;

· imprisonment for a certain period;

· life imprisonment;

· death penalty.

This system of punishments is based on the criterion of their comparative severity. The new Criminal Code of the Russian Federation abandoned the previous principle of constructing a punishment system from more severe to less severe. This directs the court to choose not a more severe, but the most fair punishment.

In the Criminal Code of the RSFSR, the system of punishments began with the most severe form - imprisonment. But even then Supreme Court drew the attention of judges to the need to choose less severe penalties whenever possible.

Compared to previous legislation, changes have occurred in the system of types of punishment. These types of punishments are excluded:

public censure

· the obligation to make amends for the harm caused,

· dismissal from office.

At the same time, in the system of punishments of the new Criminal Code new types of punishment have appeared:

· compulsory work,

· restrictions on military service,

· restriction of freedom,

· and arrest.

These types of punishments are intended, if possible, to limit the use of imprisonment.

All punishments included in the system are classified into: basic and additional. The main ones are punishments, which can only be applied independently and are not combined with other punishments. These include: compulsory labor, correctional labor, restrictions on military service, forced labor, arrest, detention in a disciplinary military unit, imprisonment for a specified period, life imprisonment, death penalty.

Additional penalties cannot be assigned independently and are added to the main punishment. These include: deprivation of a special, military or honorary title, class rank, and state awards. Other punishments, namely: a fine, deprivation of the right to hold certain positions or engage in certain activities and restriction of freedom are used as both primary and additional types of punishment.

A fine is a monetary penalty imposed within the limits provided for by this Code. The amount of the fine is determined by the court taking into account the gravity of the crime committed and the property status of the convicted person and his family, as well as taking into account the possibility of the convicted person receiving wages or other income. Taking into account the same circumstances, the court may impose a fine with installment payment in certain installments for a period of up to five years. In case of malicious evasion of payment of a fine imposed as the main punishment, it is replaced by another punishment, with the exception of imprisonment. This provision does not apply to those sentenced to a fine for crimes provided for in Articles 204, 290, 291, 291.1 of this Criminal Code of the Russian Federation.

Deprivation of the right to hold certain positions or engage in certain activities

Deprivation of the right to hold certain positions or engage in certain activities consists of a prohibition to hold positions in the civil service, in local government bodies, or to engage in certain professional or other activities. Deprivation of the right to hold certain positions or engage in certain activities is established for a period of one to five years as the main type of punishment and for a period of six months to three years as additional type punishments. In cases specifically provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, deprivation of the right to hold certain positions or engage in certain activities is established for a term of up to twenty years as an additional type of punishment.

Deprivation of a special, military or honorary title, class rank and state awards

Mandatory work

Compulsory work consists of the convicted person performing free community service during his free time from his main job or study. The type of compulsory work and the facilities at which they are served are determined by local government bodies in agreement with the penal inspections. Compulsory work is established for a period of sixty to four hundred and eighty hours and is served no more than four hours a day. In case of malicious evasion of a convicted person from serving compulsory works, they are replaced by forced labor or imprisonment. In this case, the time during which the convicted person served compulsory labor is taken into account when determining the term of forced labor or imprisonment at the rate of one day of forced labor or one day of imprisonment for eight hours of compulsory labor.

Correctional work

Correctional labor is established for a period of two months to two years and is served at the place of work of the convicted person.

From the earnings of a person sentenced to correctional labor, deductions are made to the state's income in the amount established by a court verdict, ranging from five to twenty percent. In case of malicious evasion from serving a sentence by a person sentenced to correctional labor, the court may replace the unserved sentence with restriction of freedom, arrest or imprisonment.

Restriction on military service

Restrictions on military service are imposed on convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation for committing crimes against military service, as well as convicted military personnel performing military service under a contract, instead of corrective labor provided for in the relevant articles of the Special Part of this Code.

Restriction of freedom

Restriction of freedom consists of the court establishing the following restrictions for the convicted person: not to leave home (apartment, other dwelling) at a certain time of the day, not to visit certain places located within the territory of the relevant municipality, not to travel outside the territory of the corresponding municipality, not to visit places holding mass and other events and not to participate in these events, not to change the place of residence or stay, place of work and (or) study without the consent of a specialized government agency supervising the serving of sentences by convicts in the form of restriction of freedom.

Forced labor

Forced labor is used as an alternative to imprisonment in cases provided for by the relevant articles of the Special Part of this Code, for committing a crime of minor or medium gravity or for committing a serious crime for the first time. If, having imposed a sentence of imprisonment, the court comes to the conclusion that it is possible for the convicted person to be corrected without actually serving the sentence in prison, it decides to replace the sentence of imprisonment with forced labor for the convicted person. When a court imposes a sentence of imprisonment for a term of more than five years, forced labor is not applied.

The arrest consists of keeping the convicted person in conditions of strict isolation from society and is set for a period of one to six months. If compulsory labor or correctional labor is replaced by arrest, it may be assigned for a period of less than one month.

Confinement in a disciplinary military unit is assigned to military personnel undergoing military service on conscription, as well as military personnel undergoing military service under a contract in the positions of privates and sergeants, if at the time of the court's sentencing they have not served the statutory term of conscription service. This punishment is established for a period of three months to two years in cases provided for by the relevant articles of the Special Part of this Code for committing crimes against military service, as well as in cases where the nature of the crime and the identity of the perpetrator indicate the possibility of replacing imprisonment for a term of no more than two years by keeping the convicted person in a disciplinary military unit for the same period.

Imprisonment for a specified period

Deprivation of liberty consists of isolating a convicted person from society by sending him to a penal colony or placing him in a correctional colony of general, strict or special regime, or in prison. Persons sentenced to imprisonment who have not reached the age of eighteen at the time the court pronounces the verdict are placed in educational colonies of general or enhanced security.

Imprisonment is set for a period of six months to twenty years.

Life imprisonment

Life imprisonment is established for the commission of especially serious crimes that encroach on life, as well as for the commission of especially serious crimes against public health and public morality, public safety, and the sexual integrity of minors under fourteen years of age.

Assignment of a type of correctional institution to those sentenced to imprisonment

Persons sentenced to imprisonment for a term of more than five years for committing especially serious crimes, as well as in the event of a particularly dangerous recidivism of crimes, may be assigned to serve part of the sentence in prison. A change in the type of correctional institution appointed by a sentence is made by the court in accordance with the penal legislation of the Russian Federation.

Death penalty

The death penalty as an exceptional measure of punishment can be established only for especially serious crimes that encroach on life.

The death penalty is not imposed on women, as well as persons who committed crimes under the age of eighteen, and men who have reached the age of sixty-five at the time of sentencing.

The death penalty by way of pardon may be replaced by life imprisonment or imprisonment for a term of twenty-five years.

As old as human civilization is, perhaps, the first criminal acts are as old. In past centuries, the definition of a crime was considered from different points of view; the same act could be legal in relation to, for example, a slave, but absolutely unacceptable and punishable if committed against a noble master. Now everything is somewhat different, but in criminal law questions that explore the concept and types of crimes, as well as ways to solve and prevent them, are still in the first place.

What is a crime

Crime is considered as a legal and socio-political category. But this does not mean that at all times it meant only those acts that posed a threat to the economically dominant class. According to sociologists, philosophers and criminologists, the social essence is expressed in the danger to the living conditions of society, their violation.

The first definition of the concept of “crime” was enshrined in the French Criminal Code of 1810. It classified all illegal acts into three categories: misdemeanors, violations and crimes.

In accordance with Article 14 of the first part of the modern criminal law of the Russian Federation, a crime is an act committed guilty of guilt, dangerous to society, which is prohibited by the Criminal Code of the Russian Federation under threat of punishment. The types of crimes and punishments are directly related and correspond to each other’s degree of severity.

Action and inaction

The concept of an act has two components - action and inaction. The first is expressed in an active form of external behavior. This is a goal-oriented process, the ultimate goal of which is to achieve a certain result. The action is always controlled by the consciousness and will of the person. For example, such types of crimes as encroachment on the lives of employees working in law enforcement agencies (provided for by Article 317 of the Criminal Code of the Russian Federation) or torture of a person under the Criminal Code of the Russian Federation). In the first case it is a single act, and in the second it is a system of actions.

The main types of criminal offenses can only be committed through active actions(robbery, banditry, theft, rape, etc.). The concept of inaction implies the indifferent behavior of a person, his failure to fulfill certain duties and instructions, as a result of which consequences occur that fall under the category of socially dangerous.

Signs of a crime

Among the signs of a crime, its social danger is placed in first place. It is commonly understood as the ability of an act to cause harm to social relations or to put them at risk of causing harm. It is expressed by qualitative and quantitative characteristics. The first is determined by character - this is a specific, individual category, and different types crimes vary according to it, amounting to Special part criminal legislation. The quantitative component of social danger is characterized by its degree (or measure). This topic is of significant importance in solving a number of issues of criminal law. The signs and types of crimes within one group are determined by the degree and level of public danger. For example, murder can be simple or committed in a way dangerous to society (arson of a home, damage to the brakes of a car or bus). Types of crimes are also distinguished according to the criterion of the level of public danger.

The second important feature is the illegality of the act, that is, the prohibition of the act under the threat of criminal punishment.

The third is guilt or, in other words, the attitude towards the crime, its consequences and the probable social danger of the person committing it.

The fourth is punishability, which is inextricably linked with illegality. Only if all four signs are present can we talk about any act as a crime.

The most common and basic is the classification according to the degree of probable or actual public danger; according to it, all crimes are divided into four categories:

Slight heaviness. They include criminal acts (intentional or careless), the commission of which is punishable by imprisonment, the maximum term of which is not more than three years.
Moderate weight. This category includes types of crimes (intentional), for which the maximum punishment is not more than five years, as well as those committed through negligence, for which a prison sentence of more than three years is imposed.
The third group usually includes intentional crimes, for which sanctions provide for imprisonment for a period of no more than ten years. They are called heavy.
Particularly severe. They are characterized solely by premeditation and imprisonment for more than 10 years or imply an even more severe punishment.

Such categorization into types of crimes (RF, Criminal Code), committed intentionally or through negligence, is essential and is taken into account both when qualifying and when imposing punishment.

Basics of forensic classification

In addition to the types of crimes described above, there are other ways to systematize them, for example, forensic classification. To implement it, a wider range of grounds and criteria are taken as a basis. Several large groups can be distinguished:

by the method of committing and concealing the crime;
by subject (group, single, committed for the first time or repeat, male or female, crimes of minors, military, persons with mental disorders, etc.);
in accordance with the characteristics of the victims and their behavior (here, great importance is given to victimology, or otherwise “the science of the crime victim”);
based on the subject and object of the criminal attack (on life and health, property, copyright etc.).

What is the corpus delicti

The term and concept “composition” is a criminal legal category that characterizes certain types of crimes. Also includes a description of its most significant features. The composition gives the law enforcement officer the opportunity to decide whether an act committed by a particular person can be regarded as a crime, and also helps to correctly and correctly qualify it. In terms of the theory of criminal law of the Russian Federation, it is customary to distinguish such concepts as:

Specific composition - it represents a set of mandatory legal features included in any norm.
Actual composition - it refers to the signs of a certain act that was committed in objective reality. Establishing full correspondence between these two types (actual and specific) is the essence and basis of the qualification of crimes.
The general concept is an abstract, detached idea of all elements of a crime, including the features inherent in all of them.

Structure of the crime

In the structure of any composition, elements are distinguished, as well as characteristics that characterize them. The latter are nothing more than a specific characteristic (legislative) of the most important properties of the crime. They describe the most distinctive features and allow one to be separated from another, and also directly depend on what types of crimes have been committed.

The composition of absolutely every crime includes four elements and signs that characterize them - the subject, the object and the subjective, objective sides. Any criminal act always encroaches on the benefits and interests that are protected by criminal law. They are the object of the crime. According to the accepted classification, it can be generic, specific or direct. The signs that characterize it represent the objective side of the crime, which is expressed in its external manifestation. For example, a method, a tool, circumstances of time and place, the connection between cause and effect.

The subjective side, in turn, reflects signs of guilt (due to intent or negligence), goals and motives, and sometimes the emotional state, that is, affect, when committing a criminal act. There are the following types of subject of crime: general and special. Both of them contain signs of the one who committed the crime. In the first case it is individual who has reached the age established by law and is in a sane state. If, in addition to the general ones, there are also additional signs that are mandatory for a certain crime, then this is a special subject. They are either described in the disposition of the article or are subject to establishment through interpretation, for example, unlawful acts in military service.

Special types of the subject of a crime have certain features that are quite diverse and relate to various personality traits. All of them can be divided into three large groups:

signs reflecting the role in society and legal status subject (for example, citizenship, position, attitude to military service, ability to work, etc.);
physical properties (age, health status, gender);
relationship between the subject of the crime and the victim (relatives, work, etc.).

What functions does the corpus delicti perform?

Firstly, the concept of composition is of significant importance in practice. This is explained by the fact that it is a tool for learning the truth in a specific criminal case. Moreover, during the criminalization of any act that poses a public danger, creating criminal law, the legislator simultaneously creates information models of certain elements of the crime. At the same time, in the dispositions of the articles of the Criminal Code of the Russian Federation, it reflects their characteristics (objective and subjective). Simply put, there is a transition of an act (socially dangerous) to the category of criminal offense.

The second function is diagnostic; the legal basis for qualification is precisely the corpus delicti. It is understood as establishing a correspondence between a criminal act that has already been committed and its description in a certain article of the Criminal Code of the Russian Federation.

It is also worth noting that the investigation of certain types of crimes is also based on basic knowledge of the composition of the act. For example, murder, rape, theft, that is, distinguished according to criminal law.

The distinguishing function lies in the fact that the separation of criminal acts from others that are not such, as well as from similar crimes that differ in the level of social danger and severity of punishment, is ensured through an accurate description of the elements of the composition in the disposition of the criminal law.

The fourth function is fundamental. The only required and sufficiently complete basis for bringing a person to criminal liability is the presence in the act committed by him of signs of a certain crime. And no additional facts are required to be established.

In addition, it is worth noting the guarantee function, which guarantees legality in the consideration of criminal cases and does not allow the conviction of persons whose actions do not contain elements of a crime.

Types of crimes

The science of criminal law uses various principles to classify crimes. Let's look at each in more detail:

Depending on the level of public danger, it is customary to distinguish three types. The first is the main one, it does not have aggravating or mitigating circumstances. As a rule, it is reflected in the first part of the articles, for example, in articles 105, 160, 158, etc. The second type is qualified. This is the composition of a specific and specific crime that has aggravating circumstances (qualifying characteristics). For example, infliction of serious bodily harm resulting in death through negligence (Article 111, Part 4 of the Criminal Code of the Russian Federation). And the third is a privileged composition, that is, one with mitigating circumstances. For example, Article 107 of the Criminal Code of the Russian Federation (murder committed in a state of passion).
The structure of the compositions can be simple or complex. The first includes a description of the characteristics of any one specific act, which is not complicated by any of its elements. For example, protection from criminal infringement of property (theft) is the task of Article 158 of the Criminal Code of the Russian Federation. It belongs to the category of single-object crimes. Some rules of criminal law are aimed at protecting several objects simultaneously from criminal attacks. In this case, a complex composition is implied - this is a very common concept, and the types of crimes that have it most often fall into the category of grave or moderate gravity. For example, robbery, which simultaneously encroaches on person and property, and therefore refers to dual-objective criminal acts.
Based on the legislative design, compositions are divided into formal and material. This classification is of great importance in practice in order to establish for each specific crime the moment of its completion. In formal compositions, the objective side includes only those features that characterize an action or inaction; the consequences remain outside its scope. Therefore, a crime is considered completed at the moment it is committed. For example, insult (Article 130 of the Criminal Code of the Russian Federation) or slander (Article 129 of the Criminal Code of the Russian Federation), etc. With the material composition, along with the action (inaction), the occurrence of consequences is included, the absence of which indicates the incompleteness of the crime, and a person can only be prosecuted for an attempt. For example, murder, fraud or theft, etc. A mixed composition is allowed - formal and material. For example, Article 213, Part 1 of the Criminal Code of the Russian Federation prescribes liability for hooliganism. It may be accompanied by the use of violent actions against the victim or be associated with damage or destruction of someone else’s property, in this case there will be a material element, but if there is only a threat of violence, it will be formal.

Sometimes it happens that the moment the crime ends is transferred to the stage of its preparation (for example, banditry) or attempt (robbery). Such a composition will be called truncated.

What form does the investigation of a crime take?

The law establishes the following types of crime investigation: inquiry and investigation. Their main difference is the presence or absence of a guilty person and the elements of a criminal offense. The powers of the investigative bodies include the crimes listed in Article 150, Part 3 of the Code of Criminal Procedure of the Russian Federation and for which there are suspects. In this case, the investigation must be carried out within 20 days; if there are sufficiently compelling reasons, then the period can be extended for another 10 days. If during all this time the suspect has not been identified or he has not been familiarized with the indictment, then the preliminary investigation stage begins. In addition, the inquiry is carried out at the direction of the prosecutor, but only for crimes of medium and minor gravity. The preliminary investigation is conducted for serious and especially serious crimes, as well as for all offenses specified in Article 151 (Part 2) of the Code of Criminal Procedure of the Russian Federation.