Some problems arising in the course of execution of a deferred sentence under article 82 of the Criminal Code of the Russian Federation and the ways for their solution

Despite the changes in criminal legislation regarding improvement of the precepts of law providing the deterred sentence for pregnant women and persons having children, today there are certain difficulties in practice of execution of this type of release from punishment. The arising problems are connected with the gaps in criminal and penal legislation; departmental regulations regulating the activities of probation inspectorates supervising the above categories of convicts. On the basis of the carried-out questioning of employees of probation inspectorates (250 people) and those convicted to a deferred sentence (850 people) in 15 regions of the country, the author revealed the following problems. Inefficiency of a deferred sentence can be explained by the fact that convicts have only one duty (upbringing of a child and care of it); excessive freedom of convicts and lack of sense of responsibility for the committed crimes; insufficiency of methods and instruments of control over convicts. Proceeding from the above problems, the author offers some possible solutions. Firstly, to authorize the courts to impose additional duties on convicts taking into account the characteristic of their personality and the analysis of all facts of the case. The suggested duties are the following: to compensate the harm done by the committed crime; to come to a probation inspectorate for initial registration after the court order about a deferred sentence and for a preventive conversation (from 1 to 4 times a month) with the report on child’s upbringing; to be carefully examined by a narcologist before serving a deferred sentence and undergo a course of treatment in case of drug or alcohol addiction; not to change the residence without informing a probation inspectorate; at night (from 10p.m. till 6 a.m.) to be in the place of residence; to find a job, including after a parental leave; in case of need, lack of skills and experience - to get an education, to be trained (retrained) including the period during a maternity leave (it is possible to do it remotely). The specified duties can be changed or added by the court. According to the author, establishment of additional duties will discipline the convict and increase his responsibility for the committed crime. The author emphasizes that increase in efficiency of deferred sentences is possible by introduction of amendments and additions to current legislation of the country.

Keywords

Authors

References