Open AccessReal Served Term in Case of Parole: Problems of Determination
Author(s) -
Руслан Долотов,
Руслан Долотов
Publication year - 2016
Publication title -
žurnal rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2500-4298
pISSN - 1605-6590
DOI - 10.12737/22198
Subject(s) - imprisonment , legislator , term (time) , criminal code , period (music) , interpretation (philosophy) , law , set (abstract data type) , political science , russian federation , code (set theory) , criminal law , criminology , psychology , sociology , computer science , legislation , philosophy , physics , quantum mechanics , programming language , aesthetics , regional science
The article is devoted to the practice of parole. The main goal of the study is to determine if is it properly to include a period of house arrest in six months term of imprisonment, necessary for the creation of the right to parole. The article proves that in practice they judge from the following conclusion: as the period of house arrest is included in the period of detention, and the detention period is included in the term of imprisonment, so when a real served term for parole is determined it is necessary to include in it the period of house arrest. The author explains that such conclusion is flawed since it is based on a dogmatic rather than systemic interpretation of the Criminal Code and the Criminal Procedure Code of the Russian Federation without understanding the role which plays set by the legislator six months term in case of parole in the system of criminal law measures.