HUMANIZATION AS A STABLE TREND IN THE DEVELOPMENT OF CRIMINAL LAW
Authors:
Type:
Article
Pages:
from
to
Status:
Published
Received:
14.11.2024
Accepted:
17.11.2024
Published:
09.01.2025
Language:
Russian
Keywords:
humanization, criminal law, criminal legal impact, alternative types of punishment to imprisonment, legal status of convicts, preventive measures, social assistance
Abstract (English):
Introduction In the presented article, the author analyzes the process of humanization of the criminal law from the perspective of a positive transformation of the legal status of a convicted person, evaluates the initiative of public authorities to liberalize the impact on offenders, notes the systemic and global nature of the changes being implemented. The humanization of the criminal law is considered as one of the priorities of the criminal law policy in the field of mitigation of measures of criminal legal impact. The possibilities of the probation service, which acts as a subject involved in the implementation of criminal policy, are being studied, while its functions go beyond the scope of criminal law impact. Research methods. Historical-legal, comparative-legal, sociological, analysis, synthesis, abstraction, generalization, analogy, induction, deduction. Results. In the course of the research, the author came to the conclusion that humanization represents a stable trend that will continue to progress. Humanity in the treatment of persons who have committed crimes can be expressed in an individual approach when applying criminal law measures and providing social assistance. The central idea is the conclusion that humanization is mainly associated with a change in attitude towards the criminal and consists in the implementation of guarantees of the legal status of the individual established by law, in preventing harsh treatment, causing suffering and humiliation of human dignity. When providing assistance in preparing for the social reintegration of convicts into society and when applying measures of influence, it is important to understand the needs and characteristics of their personality. The author considers the optimization of the system of measures of influence to be promising areas of humanization of the criminal law by including new effective types of punishments alternative to imprisonment, new measures of a criminal legal nature; a rational approach to punishment taking into account the individual characteristics of criminals.
Introduction In the presented article, the author analyzes the process of humanization of the criminal law from the perspective of a positive transformation of the legal status of a convicted person, evaluates the initiative of public authorities to liberalize the impact on offenders, notes the systemic and global nature of the changes being implemented. The humanization of the criminal law is considered as one of the priorities of the criminal law policy in the field of mitigation of measures of criminal legal impact. The possibilities of the probation service, which acts as a subject involved in the implementation of criminal policy, are being studied, while its functions go beyond the scope of criminal law impact. Research methods. Historical-legal, comparative-legal, sociological, analysis, synthesis, abstraction, generalization, analogy, induction, deduction. Results. In the course of the research, the author came to the conclusion that humanization represents a stable trend that will continue to progress. Humanity in the treatment of persons who have committed crimes can be expressed in an individual approach when applying criminal law measures and providing social assistance. The central idea is the conclusion that humanization is mainly associated with a change in attitude towards the criminal and consists in the implementation of guarantees of the legal status of the individual established by law, in preventing harsh treatment, causing suffering and humiliation of human dignity. When providing assistance in preparing for the social reintegration of convicts into society and when applying measures of influence, it is important to understand the needs and characteristics of their personality. The author considers the optimization of the system of measures of influence to be promising areas of humanization of the criminal law by including new effective types of punishments alternative to imprisonment, new measures of a criminal legal nature; a rational approach to punishment taking into account the individual characteristics of criminals.
Keywords:
humanization, criminal law, criminal legal impact, alternative types of punishment to imprisonment, legal status of convicts, preventive measures, social assistance
humanization, criminal law, criminal legal impact, alternative types of punishment to imprisonment, legal status of convicts, preventive measures, social assistance
