Open AccessThe use of compulsory medical measures against convicts: problems of differentiation and individualization
Author(s) -
Andrey Leonidovich Santashov,
N. М. Efremova
Publication year - 2019
Publication title -
vestnik instituta
Language(s) - English
Resource type - Journals
ISSN - 2076-4162
DOI - 10.46741/2076-4162-2019-13-1-85-90
Subject(s) - legislator , legislation , imprisonment , criminal code , russian federation , criminal law , political science , work (physics) , subject (documents) , law , sociology , computer science , engineering , regional science , mechanical engineering , library science
The subject of research in the article was the theoretical and applied problems of the application of compulsory measures of a medical nature to those sentenced to imprisonment. The author addresses the legal aspects of the phenomenon under study, analyzes current trends in criminal policy and foreign experience. It has been established that in most countries compulsory medical measures are considered as a type of other criminal law measures (security measures). The purpose of the study is to give an objective description of the relevant means of differentiation and individualization, to identify gaps and shortcomings in the regulatory framework and to formulate proposals for improving legislation in the designated area. The results of the study was a scientifically based evaluation of the work of the domestic legislator on the regulation of the use of compulsory medical measures in the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation.