MISCARRIAGE OF JUS- TICE AS ONE OF THE REASONS FOR NOT ACHIEVING PURPOSES OF CRIMINAL PUNISHMENT

Vestnik of the Russian University of Cooperation Pub Date : 2021-04-26 DOI:10.52623/2227-4383-1-43-24

A. F. Kovalyov, C. Kupirova, E. Nechaeva, V.Ya. Perepyolkin

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Abstract

The article considers the hypothesis that a judicial error can significantly reduce the likelihood of achieving the goals of criminal punishment. The concepts of miscarriage of justice and the goals of punishment are formulated, and the consequences of failure to achieve the goals of criminal punishment are analyzed. Statistical data are provided that confirm the existence of the problem of inefficient implementation of the goals of criminal punishment. Possible, probable, as well as actually committed judicial errors are considered, as a result of which the goals of punishment cannot be achieved. The authors come to the conclusion that a significant reduction in the number of judicial errors will have an exceptionally positive impact not only on the judicial system, including its authority, but also on other involved systems – criminal law, penal enforcement, etc. A correct court decision regarding the size and type of punishment is a necessary basis for achieving the goals specified in Part 2 of Article 43 of the Criminal Code of the Russian Federation.

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司法不公是刑事处罚不能达到目的的原因之一

本文考虑了司法错误可以显著降低刑事处罚目标实现可能性的假设。阐述了冤假错案和刑罚目标的概念，分析了刑罚目标未能实现的后果。提供的统计数据证实了我国存在刑罚目标执行效率低下的问题。可能的、可能的以及实际犯下的司法错误都被考虑在内，因此惩罚的目标无法实现。作者得出的结论是，大幅度减少司法错误的数量将不仅对司法系统，包括其权威，而且对其他有关系统- -刑法、刑事执行等- -产生极为积极的影响。法院就刑罚的大小和类型作出正确的判决是实现《俄罗斯联邦刑法》第43条第2部分所规定的目标的必要基础。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Vestnik of the Russian University of Cooperation

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