某些问题的分类罪犯被判处监禁的一定期限

I. Bodnar, M. Snitko
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引用次数: 0

摘要

罪犯分类是影响罪犯矫正再社会化主要手段适用的主要因素之一。本文考察了罪犯的身份、人格、社会结构和心理结构。并给出了保证刑事和行政系统的目标和任务得以实现的监狱影响标准。发件人指出,罪犯的分类可以根据法律、心理学和教育学的要求以及根据法院判决将被剥夺自由者按其人格在社会和道德上被忽视的程度划分为或多或少同质的群体的做法来界定。以及他们的社会危险程度和犯罪动机,以便将他们分别拘留在不同的刑事机构和在不同的地方和结构辖区内。规定了对被判处一定时期监禁的人员进行分类的特殊目标,例如:防止不同罪犯群体可能对彼此产生负面影响,以及防止具有明确的反社会犯罪立场的罪犯对其他罪犯产生负面影响;减少犯罪亚文化对罪犯人格的影响确保刑罚机构的安全居住条件;构建合理的现代刑罚制度体系考虑人身安全理论和动态安全理论要求的罪犯保护监督组织等。发件人审议了《欧洲监狱规则》,其中具体规定了在考虑到罪犯的安全和保护的情况下分别拘留不同类别的罪犯的要求,以及相应的制度。关键词:罪犯,法律地位,刑罚,分类,刑罚制度,犯罪,矫正与再社会化
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CERTAIN ISSUES OF THE CLASSIFICATION OF CONVICTS SENTENCED TO IMPRISONMENT FOR A SERTAIN TERM
Classification of convicts as one of the main elements affecting the application of the main means of convicts’ correction and resocialization is considered in the article. Criminal’s identity, their personality, social and psychological structure are examined in the article. The criteria of penitentiary influence that ensure the solution of the goals and tasks of the Criminal and Executive System, are also given. The authors note that the classification of convicts can be defined as based on the law, the requirements of Psychology and Pedagogics, as well as the practice of dividing persons deprived of liberty according to a court verdict into more or less homogeneous groups based on the level of social and moral neglect of their personality, as well as the level of social danger and motives of the crime committed by them for the purpose of their separate detention both in various penal institutions and within them in separate local and structural precincts. Special objectives of the classification of persons sentenced to imprisonment for a certain period of time are given, such as: preventing possible negative influence of different groups of convicts on each other, as well as preventing negative influence of convicts with a clearly expressed criminal antisocial position on other convicts; reducing the influence of the criminal subculture on convict’s personality; ensuring safe conditions of stay in penal institutions; construction of a rational, modern system of penal institutions; organization of convicts’ protection and supervision taking into account the requirements of the theory of physical and dynamic security; etc. The authors considered the European Prison Rules that specify the requirements for the separate detention of different categories of convicts, taking into account their safety and protection, as well as the corresponding regime. Key words: convict, legal status, punishment, classifications, penal institution, criminal offense, correction and resocialization.
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