Criminal law and penal aspects of the application of the suspension of sentence
Уголовно-правовые и уголовно-исполнительные аспекты применения отсрочки отбывания наказания release_hj4lt2bwyve6zmy2pdiszo4uhi

by N. G. Skobeleva, branch No. 17 of the Federal State Institution the Penal Inspection of Russia in Moscow Region

Published in Penitentiary Science by Vologda Institute of Law and Economics of the Federal Penal Service of Russia.

2019   Volume 13, p335-340

Abstract

The article comprehensively examined the problematic issues related to the suspension of criminal sentence, and also analyzes the practical difficulties of implementing the suspension of criminal sentence, provides a brief historical background on the development of the institution of suspension of criminal sentence in domestic criminal law. The author identifies not only positive, but also negative conditions that can change the content of the institution of suspension of criminal sentence. Based on a study of the statistical data of the Judicial Department under the Supreme Court of the Russian Federation on the appointment of a suspension of criminal sentence and its cancellation as well as the data of the Federal Penal Service of Russia on convicts registered in the penal inspections with a suspension of criminal sentence, it is proposed to classify the suspension of criminal sentence by the time of its application (at the stage of sentencing the court, with subsequent release from the actual serving of the sentence and at the stage of the execution of the court sentence), the issue of the application of suspension of criminal sentence to convicts who have adopted children or who have taken them under their guardianship. There is is substantiated expediency of considering convicts, to whom suspension of criminal sentence is applied, evading from raising a child, if they have been subjected to administrative responsibility for violation of public order two or more times a year.
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