PENITENTIARY CRIME AS AN OBJECT OF LEGAL RESEARCH

• Published in: Russian Journal of Economics and Law no. 3; pp. 224 - 229
• Main Author: S. A. Khokhrin
• Format: Journal Article
• Language: English
• Published: Tatar Educational Center “Taglimat” Ltd 01.09.2015
• Subjects: crime; criminal law characteristics; criminology; justice; penitentiary crime; penitentiary institutions; the convicted
• ISSN: 2782-2923

Objective: basing on statistical data and generalized empirical material, to study the structure and dynamic properties of the penitentiary crime, which are necessary to elaborate measures to prevent crimes involving the penitentiary system.Methods: comparative-legal, logical-juridical, analysis of documents, survey results, statistics and litigation.Results: basing on the analysis of more than 1,400 convictions for committing crimes by convicts while being imprisoned, as well as statistical indi- cators of crime in penitentiary institutions since 2005, it is proposed to divide all the recorded facts of crime into categories. This will allow to define some categories of crimes committed in penitentiary institutions. Comparing the results of the analysis of judicial practice, the survey of the staff, and the statistical reports suggests that convicts with two or three convictions are most likely to commit crimes in the penitentiary institution. In our view, an effective incentive to forgo crimes and resocialize may be a legal norm regulating sentencing for offences committed during the period of serving the sentence (Article 68 of the Criminal Code of the Russian Federation "Sentencing for the offence during the period of serving the sentence "). Scientific novelty: the conclusion is made about the need to extinguish the risk groups by committing crimes in penitentiary institutions. The proposals are formulated to supplement the criminal law.Practical significance: the materials and conclusions of the article can be used in law-making activity for the development of draft laws on amend- ments and additions to the Criminal Code of the Russian Federation, in scientific work in the preparation of the dissertation research, monographs, textbooks and articles, teaching the courses "Criminal law" and "Criminology", as well as courses for qualification promotion.