Infliction of the Judicial Penalty: Theory and Practice
Progressive improvement of the Russian criminal law goes in a number of directions, the most relevant of which are the differentiation of criminal responsibility and humanization of the criminal and legal measures for person who committed the crime. One of the novels that embodied the essence of these directions are the regulations which let to replace the criminal responsibility by the judicial penalty (art. 762, 1044 and 1045 of the Criminal Code). The aim of the present work is of complex character, because it combines theory and practice on infliction of the judicial penalty at the phase of the emerging doctrinal understanding and initial experience of litigation. Achievement of objectives has contributed to the following tasks: definition of the legal nature of the judicial penalty; the development of the position regarding the determination of the grounds and conditions of exemption from criminal responsibility with the infliction of the judicial penalty; to offer the doctrinal definitions of judicial penalty; the study of the nature and amount of compensation for crime damage; to determine the judicial penalty amount, including multiple offenses, terms of payment of the judicial penalty; the possibility of exemption from criminal responsibility with the the infliction of the judicial penalty for the crime, the harm from which is intangible in nature. Research instrumentation the study were philosophical, dogmatic, sociological methods. As the result of the study of the theory and practice the author came to conclusions about the extension of restorative and compensatory functions of criminal law, the special and specific nature of the replace of the criminal responsibility by the infliction of the judicial penalty. Also there is the author's vision of the solution to some of the practical issues of a judicial penalty.