Measures of procedural coercion, applied to convicted persons while executing a sentence (general characteristics, application practice, legal nature)

Бесплатный доступ

Measures of procedural coercion applied to convicts in the proceedings to consider and resolve issues related to execution of a sentence are examined in the article. The author notes the gaps in the normative regulation of the grounds and the procedure for their application, due to which the courts are forced to resort to the analogy of the law. Attention is drawn to the intersectoral nature, as well as the inconsistency of the provisions of codified acts regulating judicial activities in cases of execution of sentences. The author analyzes the issues of the application of coercive measures to convicts, which are overlooked by the legislator, but are in demand in law enforcement practice, in respect of which proceedings are conducted on the replacement of punishment in case of malicious evasion from execution of a sentence, and suggests ways to resolve them. The author gives reasons that the legal provisions defining the procedural order for the apprehension and detention of suspects and accused of committing a crime do not apply to penal proceedings.

Еще

Execution of a sentence, measures of procedural coercion, malicious evasion from serving a sentence, substitution of punishment, detention of a convicted person, apprehension of a convicted person

Короткий адрес: https://sciup.org/140301950

IDR: 140301950   |   DOI: 10.51980/2542-1735_2023_3_33

Статья научная