Criminopenological analysis of the legal status of imprisonment of liberty: Belarusian research experience

Abstract

The legal regulation of deprivation of liberty as a measure of criminal liability is not limited to criminal law rules on its purpose and other application. Punishment by imprisonment is associated with a whole complex of regulatory norms of criminal executive, criminal procedural and other sectoral legislation. A conclusion is made about the complex nature of the formation of the legal status of deprivation of liberty and on this basis a differentiation is made of the elements that form it, depending on their functional purpose, influence on the content and nature of the origin of other legal institutions and measures of criminal law. Theoretical foundations of penitentiary criminopenology are being developed, which allows us to talk about classifying deprivation of liberty as a type of punishment as a penitentiary type of criminal liability. This direction creates the prerequisites for a comprehensive solution to the problem of saving penalization, including penitentiary repression at all stages of its regulation (from the establishment of criminal law sanctions to full implementation in relation to a specific convict). The system of penitentiary criminology is revealed as an independent direction in the doctrine of punishment by deprivation of liberty, its subject and main parameters are determined. Certain aspects of the social, criminal-political, criminological and criminal-legal conditionality of the nature of differentiation and individualization of criminal penitentiary repression are considered. The content of punishment in the form of imprisonment is analyzed in terms of measuring the parameters of penitentiary criminology. On this basis, the content of the protective task of criminal law in the conditions of the development of the social state and modern society is clarified.

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