Compulsory Labor as a Social Compromise in Modern Criminal Law Relations
- 10.2991/assehr.k.200321.077How to use a DOI?
- criminal policy, criminal penalty system, compulsory labor, an alternative to imprisonment, correctional center, compromise in criminal law, penal relations
The domestic criminal policy at the present stage of its development is oriented, in general, to the humanization of criminal legislation. One of the key means of ongoing humanization is the institution of criminal punishment, the norms of which determine the various types of measures of state coercion implemented against perpetrators of a crime. The state authorities, providing a policy of humanization of criminal legislation, are focused on introducing new types of criminal penalties, alternative to imprisonment, as well as on expanding the practice of appointing and applying punishments that do not imply isolation from society. Criminal penalty in the form of forced labor is officially declared an alternative type of criminal punishment, which in itself is a legal decision that is not characteristic of the traditional classical doctrine of the criminal punishment system. Analysis of the provisions of the criminal law, revealing the essence of forced labor as a criminal penalty, not related to the isolation of the convicted person from society, indicates a rather high degree of his severity, which exceeds the severity of imprisonment served in a penal colony. On the basis of the socio-legal and penitentiary characteristics of criminal penalty obtained in the course of the study, in the form of forced labor, a conclusion is formulated on the erroneousness of the legislative decision to include them in the modern criminal punishment system.
- © 2020, the Authors. Published by Atlantis Press.
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- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - V.F. Anisimov AU - V.F. Lapshin AU - N.Yu. Akinina PY - 2020 DA - 2020/03/24 TI - Compulsory Labor as a Social Compromise in Modern Criminal Law Relations BT - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020) PB - Atlantis Press SP - 23 EP - 27 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200321.077 DO - 10.2991/assehr.k.200321.077 ID - Anisimov2020 ER -