Execution of deprivation of liberty for older convicts:prospects for extension implementation of the principle of differentiation
The article identifies humanitarian and practical circumstances that actualize the study of the prospects for a broader implementation of the principle of differentiation of the execution of deprivation of liberty with respect to elderly convicts. The fact that the aging process among convicts is more intensive than among the population is related both to the way of life of people sentenced to imprisonment (in particular, their incidence of alcoholism, drug addiction, infectious diseases, hepatitis, tuberculosis), so with the fact of their isolation from of society. The issues of correlation of cognitive characteristics and functions of elderly convicts with the possibility of effective correctional and preventive effects on them are studied. The problems of life support of elderly convicts and the level of their criminal activity are identified. It is summarized that the possible level of criminal activity of elderly convicts is functionally dependent on the quality of their medical care, as effective treatment slows down the development of neurodegenerative processes and thereby reduces the demoralization of the individual and the narrowing of her creative abilities, ensures the rejection of narrow-minded motives of the current moment, promotes the transformation of criminal ways of solving life problems into new value often positive orientations, leads to reflection on the system of «normal» life relationships. It was concluded that in the criminal and penal legislation it is necessary to lay down provisions that would mitigate the vulnerability of elderly convicts and develop the ideas of “compassionate release”, thereby weakening the compensatory nature of the punishment in the form of imprisonment.