Types of sanctions in criminal law: the concept, examples of principles.

Law

Any committed crime entailsimmediate reaction on the part of the state, which manifests itself in the use of certain criminal legal instruments against the guilty subject, leading to an offensive for the latter consequences of an unfavorable nature.

Sanction of criminal law - concept

In modern criminal law under the sanctionunderstand one of the criminal-legal norms of the elements forming the body in which this or that variety is determined, as well as the amount of punishment applied to the subject who committed the deed provided for by the disposition of the said legal rule. In addition, the sanction serves as a kind of indicator of the degree of public danger inherent in a particular tort, which is prohibited by criminal legislation.

Classification of criminal sanctions

In modern criminal law, the classification of punishments is carried out according to the degree of their certainty. Proceeding from this principle, distinguish such basic types of sanctions in criminal law as:

absolutely-definite;
absolutely indefinite;
relatively-definite;
alternative.

Main varieties: absolutely-definite and indefinite

So, let's consider in more detail what the types of sanctions used in criminal law are, with examples that characterize their features.

Sanctions bearing the nameabsolutely-determined, is established as the only possible form of punishment, and its exact size and, thus, exclude the possibility to implement the choice of punishment. For example, imprisonment for life, a fine of a strictly defined size, the death penalty. Such sanctions in the current criminal legislation are not applied, as they do not imply any individualization of punishment in relation to the immediate circumstances of the commission of the tort and the personal characteristics of the offender.

Such types of sanctions in criminal law asabsolutely indefinite, do not establish the variety and magnitude of punishment, but only contain such non-specific language as "to apply punishment in all the strictness of the law", "punished according to the laws of wartime", etc. In modern criminal law, this type of sanctions is not reasonably used, since their presence entails a high probability of judicial arbitrariness and violation of the fundamental principle of justice.

The main types of sanctions in criminal law: an alternative and relatively specific

Penalties for specific crimes mayconsider all the conditions and causes of violation of the law. Such types of sanctions in criminal law, as relatively certain, provide for a specific type of punishment and define either its minimum and maximum limits, or any one of them. Proceeding from this principle, these sanctions, in turn, can be divided into:

Determining the maximum amount of punishment,for example, the regulations fixed in Part 1 of Art. 228 of the Criminal Code, provides for the application of a tort to the person who committed this article, such measures as deprivation of liberty for a period of up to three years.
Establishing the minimum and maximumamount of punishment. For example, the provisions fixed in Part 1 of Art. 105 of the Criminal Code, it is planned to apply such measure to the guilty subject as imprisonment for a period of six to fifteen years.

Other types of sanctions (alternative)establish the possibility of applying for the commission of torts of two or more types of punishment, which allows the judicial body in each specific case, in accordance with the specifics of the tort and the identity of the guilty subject, to fix the punishment to the extent appropriate to the degree and nature of the offense. For example, the provisions contained in Part 1 of Art. 213 of the Criminal Code, provides for the application to the guilty entity of a fine, or corrective labor, or imprisonment.

Other types of sanctions

In addition to the above, it also makes sensemention also such types of sanctions in the criminal law - referral and cumulative. As for the former, these sanctions do not establish a penalty for the commission of the relevant tort, but contain a reference to the sanction of any other article of the criminal law. Currently, such penalties are not used in the current criminal legislation.

Sanctions, called cumulative, establishthe possibility of applying an additional character to the guilty subject besides the main one, which can be both mandatory and optional. For example, the application to the guilty subject of punishment, which provides for the deprivation of the latter's freedom for a specific period, while at the same time depriving them of the right to occupy a number of certain positions for the appropriate number of years.

So, having considered all the abovethe types of sanctions that are applied in modern criminal law, it can be seen that the latter, being an instrument of criminally-legal regulation, are called upon to guarantee proper protection of state-public and personal interests from various criminal encroachments, and to ensure the inevitability of punishment while maintaining the principles of legality and justice .