Resocialization of the subject of a crime as a condition of a pre-trial cooperation agreement
Автор: Yablokov Artem Mikhailovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Правосудие и правоохранительная деятельность в Евразийском пространстве
Статья в выпуске: 3 (58), 2022 года.
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Today, the pre-trial cooperation agreement is a separate criminal law institution, which, I think, has a hidden, completely unrealized potential aimed at solving many criminal law and criminological problems. However, until now, the institution of a pre-trial cooperation agreement is often used as a tool for optimizing the process of pre-trial investigation, possibly even saving human resources, but such an institution is not used to counter organized crime and crime in general, such an institution is not used to prevent crime and to detect latent crime, and also, it seems, today the potential of this institution is ignored as part of the process of resocialization of the subject of the crime, although the quality of the postcriminal behavior of the subject of the crime, and hence the level of recidivism, depends on the quality of resocialization. The process of resocialization within the framework of a pre-trial agreement on cooperation can be expressed in the performance by the state of a number of actions after the performance of its duties by the subject of the pre-trial agreement. Given that today neither the prosecution nor the penitentiary service have any obligations to perform certain actions within the framework of the process of implementing a pre-trial cooperation agreement, their implementation of actions that contribute to the resocialization of the subject of the crime will look quite rational.
Pre-trial cooperation agreement, subject of crime, resocialization, pre-trial investigation, judicial investigation, punishment, crime, compromise, post-criminal behavior, post-criminal social isolation
Короткий адрес: https://sciup.org/140296652
IDR: 140296652 | DOI: 10.52068/2304-9839_2022_58_3_66