Open AccessREPLACEMENT OF A SUSPENDED SENTENCE WITH ACTUAL IMPRISONMENT IN CASES OF CRIMES IN THE FIELD OF BUSINESS AND OTHER ECONOMIC ACTIVITIES
Author(s) -
A.А. Korennaya
Publication year - 2021
Publication title -
rossijsko-aziatskij pravovoj žurnal
Language(s) - English
Resource type - Journals
ISSN - 2687-010X
DOI - 10.14258/ralj(2021)1.5
Subject(s) - imprisonment , legislation , sentence , punishment (psychology) , enforcement , opposition (politics) , analogy , law , relevance (law) , theme (computing) , political science , criminology , law and economics , psychology , sociology , social psychology , computer science , artificial intelligence , linguistics , philosophy , politics , operating system
The article deals with the possibility of abolishing the conditional sentence for real imprisonment forpersons who have committed so-called entrepreneurial crimes. The theme is of particular relevance at thebeginning of 2021, so as only legal replacement of conditional imprisonment for real has become one of themost discussed in the press in connection with the detention of media policy, calling himself the opposition ofRussia. At the beginning of the study, the author defines the system-forming features of the category “crimesin the sphere of entrepreneurial and other economic activities”. Further, the procedural and substantiveaspects of the replacement of a suspended sentence are considered. The author comes to the conclusionthat it is possible to apply, by analogy, the criminal procedure legislation regulating the procedural issues ofreplacing punishments that are not related to deprivation of liberty with a more severe type of punishmentdue to the lack of a special provision in the penal enforcement legislation on the possibility of forciblybringing and detaining a person conditionally convicted if there are grounds for assigning a real punishment.The author also considers the content component of such a category of cases and comes to the conclusionthat a systematic approach is necessary when issuing a relevant judicial act on the actual anti-legal postcriminal behavior of a convicted person.