Criminal law: types of punishments

Criminal punishment is a measure of state enforcement, which is appointed by the court. It can be applied exclusively to persons who committed a crime, the composition of which is registered in the Criminal Code of the country. The essence of the criminal punishment is the deprivation of liberty of a person or the restriction of his other rights.

Types of punishments are different. You can divide them into three categories. The first includes those that are only basic. To the second - those that are only additional. The third includes those that can be both additional and basic.

Types of criminal penalties, which are the main ones:

- Mandatory, forced or corrective labor;

- the death penalty ;

- restriction of freedom;

- restriction on military service;

- arrest;

- content in disciplinary HF;

- imprisonment (possibly for a fixed or life term).

Additional types of punishments are the deprivation of the honorary title, state award, class rank. Separately, they are not assigned. Deprivation of the right to engage in any particular activity and a fine are those types of punishments in criminal law that can be either additional or basic.

A fine is a monetary penalty, the limits and grounds of which are indicated in the Criminal Code. In general, the size of the court appoints it. It all depends on the circumstances of the case, the identity of the perpetrator, and so on. The fine may be in the form of a specific amount or a person’s earnings for any period of time. A large amount can be paid in installments. Malicious evasion of its payment (for example, concealment of property), as a rule, entails serious consequences.

A person may be deprived of the right to engage in specific activities or to occupy a specific position. Restrictions may be permanent or temporary.

A person to whom compulsory work has been assigned as punishment shall, in his free time from his main work, studies, engage in unpaid community work. Their specific form, as well as the place in which they will be served, is appointed not by the court, but, for example, by the local government after coordination with the criminal-executive inspection.

Correctional work is assigned both to a person who does not have a primary place of work and to a person employed in a particular place. In the second case, the convict serves them where he worked before the conviction. In the first case, such a place will be selected by the criminal-executive inspection. Usually it is appointed taking into account the place of residence of the sentenced person. A maximum of two years. All this time, a certain amount will be deducted from the convict’s salary in favor of the state - no more than twenty percent. The same percentage is deducted from the allowance of servicemen in respect of whom the court pronounced a sentence of restriction on military service.

Types of punishments include restriction of liberty. In this case, the convicted person is limited in certain actions, such as, for example, leaving the house at night, visiting nightlife and so on. The maximum term of restriction of freedom is four years. All this time, the convict is being supervised.

Forced labor is the main alternative to imprisonment. The places of forced labor are determined by the competent authorities. The maximum term is five years.

Arrest is understood as imprisonment, which does not exceed six months in term. At the same time, an arrested person is isolated from society. The indicated period cannot be exceeded.

By a court verdict, a person may be deprived of liberty for a term of not more than thirty years or for life. The highest measure is the death penalty. It is provided for by the Criminal Code, but has not been produced for many years. The president has the right to pardon a person sentenced to her.

Source: https://habr.com/ru/post/K409/


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