PUNISHMENT WITHOUT APPOINTMENT AND HIDDEN FORMS OF PUNISHMENT IN CRIMINAL LAW
DOI:
https://doi.org/10.24866/1813-3274/2023-4/98-113Keywords:
punishment, sentencing, sentence, commutation of punishment, release from criminal liability, release from punishment, deprivation or restriction of rights and freedoms, fine, judicial fine, restriction of freedom, conditional conviction, conditional early release from serving a sentence, compulsory measures of educational influenceAbstract
Criminal law gives the impression that punishment is an appointed measure, and besides, it is stated exhaustively. However, deeper analysis leads to the conclusion that punishment can be without appointment, and there are also hidden forms of punishment. Without the appointment of punishment, the unserved punishment is replaced by a more severe and lenient type of it. According to the level of deprivation or restriction of the rights and freedoms of a person, in essence, punishments are a judicial fine, monetary penalties, duties imposed on a probationer and a parolee, restriction of leisure and the establishment of special requirements for the behavior of a minor, his/her placement in a special educational institution of a closed type. The first two correspond to punishment in the form of a fine, the last one to imprisonment, the rest to restrictions of freedom. All this is not logical and requires elimination or transformation.
