Implementing Criminal Punishment Goals in relation to Those Sentenced to Imprisonment for Extremism-Related Crimes
Bukalerova L.A., Kolpakova L.A. Implementing criminal punishment goals in relation to those sentenced to imprisonment for extremismrelated crimes. Penitentiary Science, 2023, vol. 17, no. 2 (62), pp. 144–152. doi: 10.46741/2686-9764.2023.62.2.004
The article analyzes possibilities of the penitentiary system for implementing goals of criminal punishment in the execution of a penalty in the form of deprivation of liberty against those convicted of extremism-related crimes. The emphasis is placed on possibilities of correcting persons pursuing extremist ideology and preventing commission of new crimes (both by convicts themselves by isolating them from society and by other citizens following their example). The article analyzes domestic and foreign experience in the field of countering prison radicalization. Based on statistical data on the terms of imprisonment and types of correctional institutions, the authors propose implementation of various resocialization schemes when correcting convicted extremists. Recommendations for preventing the spread of the relevant ideology among convicts are presented. Purpose: to identify key current trends and problems associated with the spread of the terrorism ideology in correctional institutions; consider them in the context of achieving criminal punishment goals; develop sound proposals and recommendations for effective correction of convicted extremists, and prevent expansion of the extremist ideology in correctional institutions. Methods: the research is based on the use of a combination of general and private scientific methods: analysis and synthesis, systematic, statistical, logical, formal-logical, sociological, comparative-legal, and hermeneutic. Results: the generalized statistical data on the total number of persons sentenced to imprisonment for extremism-related crimes for the past three years, the level of recidivism among them, terms of imprisonment, and types of penitentiary institutions in which these convicts serve their sentences show that there is an upward trend in the number of such persons in correctional facilities of general and strict regimes, as well as persons with unexpunged and outstanding convictions. Trends to increase religious radicalization risks are determined. Problems associated with insufficient readiness of the penitentiary system to ensure processes of correcting convicted extremists with various mental, especially radical religious attitudes, and preventing expansion of extremist radicalism are identified. With regard to domestic and foreign experience, actual and potential capabilities of the domestic penitentiary system, recommendations are developed to overcome the identified problems. Conclusions: the author substantiates the need to improve professionalism of penitentiary institution employees and third-party specialists involved in work with extremist convicts; the necessity to separate extremist convicts from others by creating separate sections of penitentiary institutions; the expediency of creating a specialized progressive system for the execution of punishments in relation to extremist convicts with regard to the degree of their correction; the need to introduce and implement comprehensive programs to counter the spread of the extremism ideology in correctional institutions, covering the closest circle of communication of the extremist criminal before his/her conviction.
Keywords: Extremism; extremism-related crimes; radicalism; deradicalization; correction of the criminal; resocialization of the convicted person; prevention of the extremism ideology spread
2. Svodnye statisticheskie svedeniya o sostoyanii sudimosti v Rossii za 2020, 2021 gody, 1 polugodie 2022 goda [Summary statistical data on the state of criminal records in Russia for 2020, 2021, and the 1st half of 2022]. Available at: http://cdep.ru/index.php?id = 79&item=7069 (accessed April 10, 2023).
3. Uvarov I.A. Penitentsiarnaya profilaktika: teoreticheskoe obosnovanie i problemy realizatsii v kontekste dostizheniya tselei ugolovnogo nakazaniya: monografiya [Penitentiary prevention: theoretical justification and problems of implementation in the context of achieving criminal punishment goals: monograph]. Moscow, 2007. 171 p.
4. Foucault M. Nadzirat’ ili nakazyvat’: Rozhdenie tyur’my [Discipline and Punish: The Birth of the Prison]. Moscow, 2016. 383 p.
5. Kudryavtsev V.N. Strategiya bor’by s prestupnost’yu [Strategy for combating crime]. Moscow, 2003. 349 p.
6. Kern S. Britain: Muslim prison population up 200%. Available at: https://www.gatestoneinstitute.org/3913/uk-muslim-prison-population (accessed April 10, 2023).
7. Terror inmates: countering violent extremism in prison and beyond. Available at: https://www.govinfo.gov/ content/pkg/ CHRG-114hhrg99746/html/CHRG-114hhrg99746.htm (accessed April 11, 2023).
8. Tsipilev S.N. On the issue of the spread of extremism in prisons. Vestnik instituta: prestuplenie, nakazanie, ispravlenie = Institute Bulletin: Crime, Punishment, Correction, 2018, no. 41, pp. 87–91. (In Russ.).
9. Kazantsev A.A., Gusev L.Yu. Ugroza religioznogo ekstremizma na postsovetskom prostranstve [The threat of religious extremism in the post-Soviet space]. Moscow, 2017. 79 p.
10. Oganesyan S. S., Shamsunov S. Kh. On some urgent problems of prevention and counteraction to extremist and terrorist ideas in the Russian penal system. Penitentsiarnaya nauka = Penitentiary Science, 2023, vol. 17, no. 1 (61), pp. 11–18. doi: 10.46741/2686-9764.2023.61.1.002.
11. Antonyan Yu.M. Introduction to Ethnocriminology. Penitentsiarnaya nauka = Penitentiary Science, 2022, vol. 16, no. 2 (58), pp. 153–160. doi: 10.46741/2686-9764.2022.58.2.004.
12. Pashchenko I.V. Modern practices of deradicalization of convicted persons for religious extremism: world experience. Otechestvennaya yurisprudentsiya = Domestic Jurisprudence, 2016, no. 12 (14), pp. 26–33. (In Russ.).
