On the issue of the responsibility of convicts for evading serving sentences not related to isolation from society

The inevitability of punishment is the main condition for ensuring the effectiveness of its implementation. Institute of Responsibility persons evading serving criminal sentences, is intersectoral and represents a special legal form of response of the state, represented by authorized bodies and officials, to the behavior of convicts that does not meet established requirements. The core of this institution is the provisions of penal legislation. In the article, the author analyzes the legal consequences of persons evading serving sentences not related to isolation from society. The research objectives were: differentiation of types of legal liability for evasion from serving sentences, consideration of signs characteristic of malicious evasion from serving sentences not related to isolation from society, as well as analysis of judicial practice on these issues. Based on the results of the study, the author proposes a classification of convicts evading serving sentences, identifying signs of malicious evasion from serving sentences not associated with isolation from society, which vary depending on the type of punishment in question. The idea of the need to exclude the evaluative position of the courts when establishing the fact of malicious evasion of a convicted person from serving a sentence is substantiated, and it is also determined that replacing the unserved part of the sentence with a more severe one and adding restrictions previously established by the court are special types of criminal liability.

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Publication Details

Journal
Juridical Journal of Samara University
Published
2024-11-08
DOI
https://doi.org/10.18287/2542-047x-2024-10-3-32-38
Primary Topic
Legal Studies and Reforms
Type
article
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article

On the issue of the responsibility of convicts for evading serving sentences not related to isolation from society

Людмила Владимировна Карханина
Juridical Journal of Samara University
Legal Studies and Reforms
article

On the issue of the responsibility of convicts for evading serving sentences not related to isolation from society

Людмила Владимировна Карханина
article en

Abstract

The inevitability of punishment is the main condition for ensuring the effectiveness of its implementation. Institute of Responsibility persons evading serving criminal sentences, is intersectoral and represents a special legal form of response of the state, represented by authorized bodies and officials, to the behavior of convicts that does not meet established requirements. The core of this institution is the provisions of penal legislation. In the article, the author analyzes the legal consequences of persons evading serving sentences not related to isolation from society. The research objectives were: differentiation of types of legal liability for evasion from serving sentences, consideration of signs characteristic of malicious evasion from serving sentences not related to isolation from society, as well as analysis of judicial practice on these issues. Based on the results of the study, the author proposes a classification of convicts evading serving sentences, identifying signs of malicious evasion from serving sentences not associated with isolation from society, which vary depending on the type of punishment in question. The idea of the need to exclude the evaluative position of the courts when establishing the fact of malicious evasion of a convicted person from serving a sentence is substantiated, and it is also determined that replacing the unserved part of the sentence with a more severe one and adding restrictions previously established by the court are special types of criminal liability.

Juridical Journal of Samara UniversityVol. 10(3)
Samara Law Institute of the Federal Penitentiary Service of Russia (RU)
Openalex Percentile: Top 66%
Legal Studies and Reforms
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