Nodirbek SALAEV
The Head of the
Department
Of Court and Law
Enforcement agencies, PhD in Law
Office: +0371 2366636 (internal: 1178, 1128)
E-mail: salaev.nodirbek@gmail.com
nodir-law@mail.ru
DIFFERENTIATION, INDIVIDUALIZATION, EXECUTION OF
CRIMINAL PUNISHMENTS AND ITS GOALS: WAY TO SUCCESS
This paper aims to explore the multifaceted meaning of
the rational application of spice principles, such as differentiation and
individualization in the execution of criminal penalties. The author reported
on the reforms in the penitentiary system that is being conducted in
Key words
Crime, punishment, differentiation,
individualization, penitentiary system, prevention
What about?
Along with the recognition of a committed crime as a crime, the
appointment of a punishment against the guilty person, the issues of
determining the fair mechanism for the execution of the punishment and its
organization play a decisive role in achieving the final result of the fight
against crime and its prevention. In other words, the lawfulness of imposing
punishment on the person who committed the crime, as well as the degree of
correctness and professionalism of the implementation of the enforcement mechanism,
are considered one of the main factors directly affecting the prevention of
crime in each state.
Only in cases when the convict has been reformed, and also the
commission of other crimes has been prevented, the purposes of punishment can
be considered achieved. This ultimate goal, in turn, largely depends on the
quality of the execution of the punishment, the legality, the fairness of the
legal mechanism, most importantly, respect for the principle of differentiation
and individualization in the execution of punishment. Thus, it can be said that
the rational organization of the system of enforcement of criminal penalties is
an important factor in achieving the goal of punishment.
Retrospective analysis
The main phase of the development of the penitentiary system of
Differentiation and individualization
If speech goes about the importance of differentiation and
individualization of the execution of criminal penalties in achieving the goals
of punishment, it should be noted that these principles mean the organization
of the execution of punishment, taking into account the specifics of the public
danger of the crime and the nature of its commission. As a reflection of the
importance of this principle in the relevant articles of the Penal Enforcement
Code, there are provisions for the rational use of coercive measures against
convicts, the application of incentive measures, taking into account their
approximate behavior.
The issue of differentiation and individualization of the execution of
criminal penalties is separately mentioned in many international documents.
It should be noted that in the article of the 6th Criminal Code of the
Facts
Analysis of legislative acts of the
Firstly, the rights and duties of convicts are determined on the basis
of the procedure and conditions for the execution of a particular type of
punishment;
Secondly, the remedies are applied taking into account the type of
punishment, nature and degree of public danger of the crime committed, as well
as the personality and behavior of the convict;
Thirdly, a range of institutions and bodies that execute punishments and
other measures of criminal-legal influence, the procedure for their
implementation;
Fourthly, coercive measures against adults and minors are defined
separately;
Fifth, based on the type of institution for the execution of punishment,
the rights of convicts differ;
Sixthly, according to the article 58 of the PEC in penitentiary
establishments, separate content of men and women, minors and adults, first
convicted to imprisonment and previously serving this type of punishment, is established;
Seventh, the measures of encouragement and disciplinary punishment are
applied to convicted persons, taking into account the personality and their
behavior. Thus, in accordance with the article 109 of the Criminal Executive
Code, disabled persons of the I-st group are not placed in disciplinary
offices, women released from work on maternity and having babies with them;
Eighth, based on the personality of the convict, different types and
conditions of detention are determined. Thus, according to the article 122 of
the Penal Enforcement Code, pregnant women and women carrying infants, as well
as disabled groups I and II, are serving their sentences in prisons under
improved conditions of detention.
The above mechanisms together have a positive effect on the personality
of the convicted person, his behavior is improving, he is brought up in the
spirit of respect for the law, he is prevented from committing new crimes,
this, in his turn, clearly indicates the significance of differentiation and
individualization in achieving the goals of punishment.
That’s issue
In Uzbekistan, despite the existence of the aforementioned positive
provisions, the analysis of the forensic and law enforcement practices shows
the insufficient effectiveness of the existing regulatory and legal acts in
crime prevention, the need to study the experience of developed foreign
countries in this regard and the implementation of certain norms in national
legislation, with special attention should be given to the issues of differentiation
and individualization of the execution of punishments.
In particular:
Firstly, despite the fact that legislative acts concerning the execution
of punishments in the
Secondly, despite the fact that in the PEC the principle of
differentiation and individualization of the execution of punishments is
mentioned as a special principle, while it’s content and conditions for
compliance are not defined. For this reason, in the PEC of the Republic of
Uzbekistan it is necessary to introduce separate norms regarding
"observance of differentiation and individualization in the execution of
punishment", they should clearly reflect the content, subjects of
application, forms and mechanism for their implementation;
Thirdly, the maintenance of the criminal among criminals similar to him
is one of the negative factors of the process of execution of punishment.
Since, there is a threat that convicts can act on each other in a negative way.
Therefore, the development of a certain effective mechanism to eliminate this
problem is an actual time requirement;
Fourthly, for the formation of penal institutions, special psychologists
should be involved in the study and assessment of the behavior of persons
serving sentences, establish special commissions to further categorize
convicts, and develop new psychological and pedagogical methods of working with
them;
Fifth, the requirements of modern times show the need to reform existing
forms of execution of punishments, taking into account the principle of
differentiation and individualization. To transform penal institutions and
reform the penitentiary system as a whole, it is advisable to develop a Concept
of the penitentiary policy of the Republic of Uzbekistan, planned for the next
10 years;
Sixth, the application of the principles of differentiation and
individualization in the organization of employment, taking into account
gender, age, education, physical data, persons serving sentences, should be
reviewed;
Seventh, there are colonies for the execution of male prisoners, as well
as colonies for the female. This rule is not provided for sex division in
educational colonies, in particular, it is not enshrined in article 124 of the
PEC. There is a violation of the principle of differentiation. Do not forget
about the specific socio-medical characteristics of the so-called
"transitional age" of juvenile convicts. For this reason, in our
opinion, educational colonies should be organized separately for men and women;
Last words
As a conclusion, it should be noted that if the above principles do not
find their own sufficient legal regulation, and no measures are taken to fully
and rigorously implement the relevant laws, it is impossible to enforce the
punishment in the full sense of the word.
Thus, having studied the specifics of this issue, it can be concluded that
only through an integrated approach to the reform of the penitentiary system,
taking into account international standards and the experience of developed
countries, it is possible to achieve the goals of criminal and penal policy, as
well as ensure welfare in the society.