Punishment is the prohibition by the criminal law of a citizen to commit acts that may be dangerous to society, as well as the prescribed penalties for committing such acts. The criminal law provisions of the Special Part of the Criminal Code of the Russian Federation describe which actions of a citizen are criminal, and which sanctions associated with punishment are applicable to him.
Instructions
Step 1
It is known that any unlawful and guilty action dangerous to society is punishable. As a rule, the committed offense harms society, an individual or property. Therefore, any such act of a citizen is punishable by the state. In turn, punishability is one of the signs of an offense or crime.
Step 2
An offense committed by a person punishable under the criminal code is called a crime. The most dangerous crimes include: causing grievous bodily harm, causing grievous bodily harm to a citizen and other crimes.
Step 3
As a result of the crime committed, harm is inflicted, the nature of which is divided into property and non-property. For example, property damage includes: tax evasion, theft of funds, damage to property and other offenses that have a value.
Step 4
Non-property (moral) harm, for which the criminal code provides for liability, includes: libel, threats, false denunciation and other acts of one person that defame the honor and dignity of another person or undermine his reputation. Thus, a person who has suffered property or non-property damage has the right to recover damages from the guilty person.
Step 5
In relation to the guilty person, the criminal law has the right to apply punishments. Punishment is measures and methods of state influence, which include restricting the rights and freedoms of the guilty person. Examples of punishments include fines, correctional labor, forced labor, restraint of liberty, and other measures.
Step 6
The punishment provided by the criminal code is applied by a court sentence for a crime committed by a person. A citizen found guilty of a crime is sentenced on behalf of the state by the court.
Step 7
As a rule, the court also takes into account the circumstances that exclude the criminality of the citizen's act or aggravate the punishment of the guilty person. Thus, the court manages to deliver a fair punishment to the offender, which corresponds to the gravity and nature of the crime he committed. Then the guilty citizen acquires a negative legal status, which is called a criminal record.
Step 8
Criminal punishment is the main and effective measure to combat crime. The purpose of punishment is to stop the offender from committing new crimes, to correct him and restore social justice. It should be noted that sanctions with the threat of punishment are an integral part of the norms of criminal law.
