Author

 Tikhonova S.S., Kiseleva I.A., Kokunov A.I.

Title of article

Technical and legal construction of single and alternative sanctions in codified criminal law: problem statement

Section

Section 4. Criminology

Issue, year

1 (35) 2016

Abstract

The necessity of using criminological characteristics of criminal’s personality to determine the most effective types of punishment for particular type of crime is substantiated. An algorithm for the construction of criminal law sanction is proposed. The presence or absence of imprisonment in the sanction, as well as its minimum and maximum term is determined. Thus the crime category in accordance with article 15 of the RF Criminal Code is predetermined. The type of sanction depends on the category of crime. Minor offences correspond to alternative sanction without imprisonment or sanction involving the deprivation of liberty with reducing the length of imprisonment. Medium-gravity crimes correspond to a sanction involving the deprivation of liberty with reducing the length of imprisonment. Serious crimes correspond to a sanction involving the deprivation of liberty. Particularly serious crimes correspond to a sanction involving the deprivation of liberty with increasing the length of imprisonment. Scientific approaches to determining the optimal length (number of basic types of punishment) of alternative sanction are discussed. The variability of the main types of penalties for sanctions of the articles of the special part of the RF Criminal Code is analyzed. The optimal length of alternative sanction is 2 or 3 types of punishment. The legislative choice of a particular form of punishment should be based on the criminological characteristics of offender’s personality. It can be adjusted basing on the analysis of the judicial practice of applying certain types of punishment. The proposed measures to optimize the construction of sanctions are aimed at improving the legislation in this sphere.

Keywords

sanction, criminal’s personality, punishment, length of alternative sanction, category of crime.