What Is The Principle Of Prevention As A Punishment

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What Is The Principle Of Prevention As A Punishment
What Is The Principle Of Prevention As A Punishment

Video: What Is The Principle Of Prevention As A Punishment

Video: What Is The Principle Of Prevention As A Punishment
Video: Principles of Prevention, Module 1 2024, November
Anonim

A warning is a type of administrative punishment, which is considered the easiest in terms of punitive action. This type of punishment can be applied in almost 70 cases listed in the Code of Administrative Offenses of the Russian Federation. This method is moral and legal, therefore it is not applied in case of serious offenses.

What is the principle of prevention as a punishment
What is the principle of prevention as a punishment

The meaning of prevention as a measure of administrative punishment

In fact, a warning is an official warning, which explains to a specific person the inadmissibility of any illegal action and its consequences. However, this is just one aspect of such a punishment. The warning can be used for minor offenses and as an independent punishment. As a rule, these are incidents related to traffic regulations that did not have dramatic consequences. For offenders who committed an illegal act for the first time, warning can also be used as an independent type of punishment. Minors are most often warned if they commit violations of the law.

According to the Code of Administrative Offenses of the Russian Federation, a warning must be issued in writing. At the same time, officials can make verbal warnings to individuals or legal entities, explaining the inadmissibility of illegal actions, but such an impact is not a punishment.

Written warnings, warnings or instructions can be sent to organizations or individuals on various occasions, in which case they are also not a punishment. As a measure of administrative punishment, a warning appears if two requirements are met: it must be drawn up in the course of proceedings on an administrative offense case, and its registration is regulated by a special resolution based on the results of the consideration of the case.

How important is a warning to an offender?

Since a warning is one of the types of administrative punishments, it signifies certain legal consequences for the violator. The warning applies to both legal entities and individuals, and the duration of the effect of this punishment is fixed - 1 year. Violators who ignored the warning and committed a new unlawful act during this period run the risk of receiving a more severe administrative punishment.

Thus, the principle of prevention as a punishment measure is to put the offender in a certain behavioral and legal framework that is controlled by the relevant authorities. This measure is quite effective for persons who commit an unlawful act for the first time, since during the consideration of the case they can assess the possible consequences of their actions and in the future, as a rule, prefer to act within the framework of the law.

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