Imposition of non-enforceable punishment under the Сriminal Сode of the Russian Federation

Abstract

Criminal legislation gives the impression that punishment is a measure of State coercion imposed for execution. A deeper analysis leads to the conclusion that punishment can be imposed, but not subject to execution. This occurs or may occur within the framework of the regulation of forced labor, detention in a disciplinary military unit, suspended sentence, delays in serving a sentence, release from punishment of a minor with placement in a special educational institution of a closed type. In all these cases, the appointment of appropriate punishments contradicts the logic of making criminal law decisions and even common sense. There is absolutely no need to first make a decision on the imposition of a certain punishment, and then, in essence, to cancel this decision by a decision on the application of another punishment, a suspended sentence, a certain delay in serving a sentence or placement of a minor in a special educational institution of a closed type.