On the properties of criminal punishment

Criminal punishment is characterized by its properties as well as its features, which involve the restriction or deprivation of certain rights and freedoms of the convicted person. Additionally, criminal punishment follows the commission of a crime - that is, a violation of the norms set forth in the Special Part of the Criminal Code of the Russian Federation. The properties of punishment are a set of its characteristics or traits that enable punishment to realize its essence and contribute to achieving its intended purposes. The features of criminal punishment, on the other hand, are its distinguishing marks that set each punishment apart from other types of penalties. However, it cannot be asserted that these two concepts imply entirely distinct characteristics. Some inevitably overlap. For instance, the characteristic of "legality" - meaning compliance with current criminal legislation - is both a property and a feature of criminal punishment. The properties of punishment shape its essence and determine its content, while its features pertain primarily to its form and only partially to its content. In this article, the properties of punishment are derived from its essence, with a focus on those that facilitate the achievement of its objectives. Retribution (the essence of punishment) consists of a set of elements that collectively aim to restore social justice, serve a deterrent function, and create conditions for corrective and preventive measures. The properties of these retributive elements are the characteristics that distinguish them from others and, in this context, endow retribution with qualities that reflect its significance. Each element of retribution must possess the properties of legality and justice. Legality, in this case, is defined as the conformity of each retributive element to the law. Justice, in the context under consideration, must encompass adequacy - meaning it should be perceived as a substantial detriment from the convict's perspective; significance - meaning it should impose an appropriate detriment on the convict from society's standpoint. The authors declare no conflicts of interests.

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