On the content of criminal punishment

The content of criminal punishment comprises punitive elements, elements ensuring preventive impact, and elements facilitating rehabilitative impact. It must serve the realization of the core purposes of punishment: correction through rehabilitative influence, deterrence through preventive measures, and social justice through a set of punitive elements proportionate to the gravity of the crime and the social dangerousness of the convicted individual. It is essential to recognize that this categorization of measures is largely conventional, as only their integrated application, mandated by the punishment, ensures the achievement of these goals. The elements constituting the content of punishment can be further classified. Classification may be based on the type of application: for instance, as general (inherent to all punishments) and specific (dependent on isolation from society or its absence), or as constant elements and special elements applied for the entire sentence or until specific objectives are met. Alternatively, classification may be based on the nature of impact: punitive elements, corresponding to the crime's gravity and the offender's dangerousness, and elements ensuring rehabilitative and preventive impact. A functional classification is also possible, distinguishing between core and supporting elements. Within the content of punishment, the following supporting elements should be delineated: 1. rehabilitative elements: a) working in accordance with standard working hours; b) demonstrating one's rehabilitation; c) reporting on one's conduct to the administration of the penal institution; 2. preventive elements: a) refraining from offenses; b) remaining at one's place of residence during night-time hours; c) not changing one's place of residence or stay without permission from the administration of the penal institution. It should be noted that the proposed list of supporting elements is intended to be exhaustive. The author declares no conflicts of interests.

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