Purposes and Content of Legal Restrictions in Criminal Punishment

Abstract

A comparison of the goals of punishment and the goals of restricting rights and freedoms declared in the Constitution shows that only crime prevention, both at the level of a threat of punishment and the actual execution of punishment, fully corresponds to the constitutional standards of restricting rights. The goal of restoring social justice cannot legitimize punishment because it turns punishment into a demonstration of a just retribution for the violations committed by the offender. The goal of correcting convicts does not have direct legal grounds in Russia as well. However, since punishment includes both a restriction of rights and educational-rehabilitation programs, the goal of correction could only be justified as an element of penitentiary rehabilitation practice, as a desired result of moral and psychological influence on a person. The analysis of the contents of punishment from the standpoint of restricting human rights showed that these restrictions of rights of a convicted person could be either a part of punishment or could be immediately connected with the punishment, ensuring its execution and constituting part of the «punishment regime». The restrictions of rights in the process of executing a punishment (compulsive labor, restriction of visits, etc.) could only be introduced as necessary restrictions that ensure not only the law-abiding behavior of convicts during the term of punishment and their correction, but also a preparation for their release. The restrictions of rights and freedoms that constitute the essence of criminal punishment should not infringe on the «core of the personality», should not result in a situation when these rights and freedoms become meaningless, should not be cruel or humiliating for human dignity. It is established that the following rights should not be restricted as a criminal punishment: a right to life, equality, privacy, inviolability of the home, use of a native language, freedom of belief, conscience and religion, freedom of thought and speech, a right to education, protection provided by the state, and some others. The deprivation or restriction of three rights should be recognized as rational and sufficient for constituting punishment: those of physical freedom, property and involvement in some types of activities.