Уголовное наказание: понятие, цели, состав исполнения. Монография - [95]

2) middle, i.e. at the level of sentencing and/or servicing the criminal penalty, the social justice is restored not in its full amount – when achieving the aim of the criminal penalty in the form of the social justice, only some of the legal rights, obligations and interest of physical and legal persons, society, state and the world community are taken into account;

3) low, i.e. at the level of sentencing and/or executing the criminal penalty, the social justice is restored only partially – when achieving the aim of the criminal penalty in the form of the social justice, only some definite legal rights, obligations and interests or the guilty or a victim are taken into account; as a rule, the convict violates the order and rules of serving the sentence;

4) zero, i.e. social justice is almost not restored – when achieving the aim of the criminal penalty in the form of the social justice, the legal interests, rights and obligations of a physical and legal person, society, state and the world community are not taken into account; as a rule, the convict deliberately escapes from serving the sentence”.

“Article 43². Correction of the Convict

1. Correction of the convict as a procedure is a formation of a moral attitude towards a human, society, labour, norms, rules and traditions of a human society within the convict, his stimulation to the law-obedient behavior.

2. Means of correction the convicts are: sentencing an adequate penalty to the convict, including the provided order of execution and servicing it (the regime), correctional education, socially useful labour, general and professional education, social impact.

3. Criteria of evaluating the corrective potency of the convict are the moral and juridical index: a) attitude of the convict to the committed crime and to the sentenced penalty; b) attitude of the convict to the order and conditions of servicing the sentence; c) attitude to the correctional impact; d) social characteristics of the convict.

4. The corrective potency of the convicts is evaluated according to the following degrees:

1) high, i.e. the convict possess positive characteristics, does not need to service the full term of the penalty, sentenced by the court;

2) middle, i.e. the convict possess positive characteristics;

3) low, i.e. the convict is characterized by the absence of a definite line in his behavior or possess an indefinite social attitudes;

4) zero, i.e. the convict possesses negative characteristics, does not tend to correction, deliberately violates the provided order of servicing the penalty”.

“Article 43³. Special Deterrence of Crimes

1. Special deterrence as a procedure is a definite type of penalty to the convict, which results in prevention of crimes.

2. Means of special deterrence of crimes are: restoration of social justice, correctional impact to the convict, deprivation, limitation, exchange and addition of rights, obligations and legal interests of the convict, intimidation by the fact of sentencing penalty for the committed crime, and also by the possibility of changing the type of penalty to a more grave one, unavoidability of executing the criminal punishment to the convict.

3. Criteria of the aim achievement by the special deterrence could be the following moral and juridical index: a) attitude of the convict to the sentenced penalty; b) attitude of the convict to the order and conditions of servicing the criminal penalty and his law obedience; c) attitude of the convict to the correctional impact.

4. The existence of special deterrence of crimes is defined according to the following degrees:

1) high, i.e. the aim of penalty in the form of the special deterrence of crimes is practically achieved – when the convict admits the sentenced penalty to be adequate, does not commit crimes because of the fear of the penalty, and because of his correction (re-education), inviolately follows the order and conditions of servicing the penalty, law obedient, does not need to service the full term of the penalty, sentenced by the court;

2) middle, i.e. the aim of the penalty in the form of special deterrence is partially achieved – the convict admits the sentenced penalty to be adequate, does not commit crimes because of fear of the penalty, inviolately follows the order and conditions of servicing the penalty, law obedient;

3) low, i.e. the aim of the penalty in the form of special deterrence of crimes is partially achieved – the convict does not commit crimes only because the fear of the penalty, thus the convict could violate the order and conditions of servicing the sentence and do not follow the requirement of a number of legal norms;

4) zero, i.e. the aim of the penalty in the form of special deterrence of crimes is not achieved – the convict commits new crimes even within sentencing a penalty and/or deliberately escapes from servicing the sentence”.

«Article 43⁴. General Prevention of Crimes

1. General prevention as a procedure means impact of the penalty to persons, which results in non-repeated crime.