Features of the application and execution of life imprisonment in Russia and foreign countries
Автор: Vanina Alena
Журнал: Бюллетень науки и практики @bulletennauki
Рубрика: Юридические науки
Статья в выпуске: 1 т.4, 2018 года.
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On the basis of the conducted research of legislative regulation of use, regulation and practice the execution of the penalty of life imprisonment, the author makes the following conclusions. Thus, the development of the Russian criminal legislation shows that the tendencies directed towards the abolition of the death penalty and one reason for this step was the prevailing political situation. The Russian Federation joined the Council of Europe, signed Protocol No. 6 to the Convention for the protection of human rights and fundamental freedoms, concerning the abolition of the death penalty. A comparative analysis of criminal legislation of Germany, Switzerland, the United States has shown that there is almost a unified approach regarding the categories of crimes for which is assigned to life imprisonment, and only in some countries there is no this kind of punishment. In addition, foreign experience of application of lifelong imprisonment shows that in some States the punishment is used as an alternative to the death penalty. The results of the study regarding gender and age showed that women with this type of punishment is assigned only in Russia, and the age at which a valid application for life in the legislation of the countries under consideration has the distinction of from 18 to 21 years. On the basis of the conducted researches, in Russia and abroad there is a developed system of punishment is progressive, which implies a transfer of prisoners of this category are some of the conditions of the sentence in other more light duty and provides for the possibility of parole, subject to certain conditions. In many foreign countries there is a stage of preparation for parole in specialized institutions, which are a cross between a prison and a normal life in society. Of course, the transfers and the conditions of serving the penalty of life imprisonment can have a positive impact on individual moral, psychological preparation for life in freedom by parole, prevent the development of criminal activity in the future and to reduce relapse.
Criminal punishment, penal colony, life imprisonment, parole, resocialization
Короткий адрес: https://sciup.org/14111783
IDR: 14111783 | DOI: 10.5281/zenodo.1147092