Humanization as a sustainable trend in the development of criminal law
Authors:
Type:
Article
eLocation:
Status:
Published
Received:
14.11.2024
Accepted:
27.12.2024
Published:
13.07.2025
Language:
Russian
Keywords:
Humanization, criminal law, criminal-legal impact, types of criminal punishment, alternative to imprisonment, legal status of the convicted person, preventive measures, social assistance.
Abstract (English):
Introduction. In the article, the author analyzes the process of humanization of the criminal law in the context of positive transformation of the legal status of a convicted person, evaluates the initiative of public authorities to liberalize the impact on offenders, notes the systemic and global nature of the changes being implemented. Humanization of the criminal law is considered as one of the priority areas of criminal law policy in the field of mitigation of measures of influence. The possibilities of the probation service, which acts as a subject participating in the implementation of criminal policy, are studied, while its functions go beyond the criminal law impact. Methods. In the course of the study, the results of which are presented in the article, the following were used: historical and legal, comparative legal, sociological methods, analysis, synthesis, abstraction, generalization, analogy, induction, deduction. Results. The author comes to the conclusion that humanization within the framework of criminal law policy is a stable trend that will progress in the future. Humanity in the treatment of persons who have committed crimes can be expressed in an individual approach when applying measures of criminal- legal influence and providing social assistance. The conclusion is formulated that humanization is mainly associated with a change in attitude towards the criminal and consists in the implementation of guarantees of the legal status of the individual established by law, in preventing cruel treatment, causing suffering and humiliation of human dignity. When providing assistance in preparing for the social reintegration of the convicted person into society and when applying measures of influence to him, it is important to understand the needs and characteristics of his personality. The author believes that promising areas of humanization of the criminal law are the optimization of the system of measures of influence by including new effective types of punishment alternative to imprisonment, new measures of a criminal-legal nature, as well as the use of a rational approach to punishment taking into account the individual characteristics of criminals.
Introduction. In the article, the author analyzes the process of humanization of the criminal law in the context of positive transformation of the legal status of a convicted person, evaluates the initiative of public authorities to liberalize the impact on offenders, notes the systemic and global nature of the changes being implemented. Humanization of the criminal law is considered as one of the priority areas of criminal law policy in the field of mitigation of measures of influence. The possibilities of the probation service, which acts as a subject participating in the implementation of criminal policy, are studied, while its functions go beyond the criminal law impact. Methods. In the course of the study, the results of which are presented in the article, the following were used: historical and legal, comparative legal, sociological methods, analysis, synthesis, abstraction, generalization, analogy, induction, deduction. Results. The author comes to the conclusion that humanization within the framework of criminal law policy is a stable trend that will progress in the future. Humanity in the treatment of persons who have committed crimes can be expressed in an individual approach when applying measures of criminal- legal influence and providing social assistance. The conclusion is formulated that humanization is mainly associated with a change in attitude towards the criminal and consists in the implementation of guarantees of the legal status of the individual established by law, in preventing cruel treatment, causing suffering and humiliation of human dignity. When providing assistance in preparing for the social reintegration of the convicted person into society and when applying measures of influence to him, it is important to understand the needs and characteristics of his personality. The author believes that promising areas of humanization of the criminal law are the optimization of the system of measures of influence by including new effective types of punishment alternative to imprisonment, new measures of a criminal-legal nature, as well as the use of a rational approach to punishment taking into account the individual characteristics of criminals.
Keywords:
Humanization, criminal law, criminal-legal impact, types of criminal punishment, alternative to imprisonment, legal status of the convicted person, preventive measures, social assistance.
Humanization, criminal law, criminal-legal impact, types of criminal punishment, alternative to imprisonment, legal status of the convicted person, preventive measures, social assistance.
