SHS Web Conf.
Volume 108, 2021IX Baltic Legal Forum “Law and Order in the Third Millennium” 2020
|Number of page(s)||5|
|Section||Fighting Crime: Criminal Law Issues|
|Published online||31 May 2021|
Individualization of punishment in the context of the public’s fear of crime
Kuban State University, Department of Criminal Law and Criminology, Krasnodar, Russia
* Corresponding author: email@example.com
The individualization of punishment is largely formalized and axiomatically limited by the normative prescriptions of the General and Special parts of the Criminal Code of the Russian Federation. Meanwhile, when assigning punishment, judges always consider all the circumstances related to the commission of a crime and the identity of the perpetrator, not to mention consideration of public opinion, social and group victimization, and the fear of the population before criminal manifestations. Unlike in Russia, the foreign criminal justice system for a long time accepts the opinion of ordinary citizens on this matter, focusing on their fears of separate crimes. Sometimes, within the framework of this system, there is a manipulation of the individualization of punishment to demonstrate a preventive effect to society. Based on the above, this article is aimed at generating a discourse on the need to study and consider victimological information in the formation of criminal law policy in general and the individualization of punishment, in particular. The statistical and sociological research methods used in the study allowed obtaining and summarizing information on the indicators of the fear of residents of Gelendzhik and Novorossiysk (2017-2018) regarding ordinary crimes; reflecting the relationship between these data and the types of punishment imposed by the courts for the commission of theft, robbery, hooliganism. Systemic synthesis and analysis allowed identifying a number of patterns in this area, and justifying them. The novelty of the article is that it represents one of the few attempts to fill the gap in scientific knowledge about the mechanism of individualization of punishment as a tool of social protection, implemented through general and private prevention and requiring consideration of political-social and ethnocultural peculiarities. The results of the study allowed to articulate proposals for optimizing the activities of federal and regional coordinating councils for the prevention of offenses.
Key words: criminal punishment / criminal law / crime prevention / criminology
© The Authors, published by EDP Sciences, 2021
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Current usage metrics show cumulative count of Article Views (full-text article views including HTML views, PDF and ePub downloads, according to the available data) and Abstracts Views on Vision4Press platform.
Data correspond to usage on the plateform after 2015. The current usage metrics is available 48-96 hours after online publication and is updated daily on week days.
Initial download of the metrics may take a while.