Legal Nature of Failure to Enforce a Sentence

Abstract

Failure to enforce a criminal sentence is traditionally viewed through the prism of the responsibility of the one who ensures enforcement of a sentence and the one to whom the sentence is assigned for enforcement. Meanwhile, criminal and penal legislation provides for a number of situations when the imposed sentence is not carried out based on considerations of expediency. Such a failure to enforce may be complete or partial, conditional or unconditional. This practice is quite common in law enforcement. Attention is given to the imperfection of legislation on the failure to enforce a sentence, to fundamental inaccuracies in its application in practice, and proposals are made to improve criminal law policy in this direction.