Journal section JURISPRUDENCE
The procedure for sending sentenced to arrest to the place of punishment
The article analyzes the problems in the direction of sentenced to arrest in the
Republic of Belarus to the place of punishment. Based on the study of penal legislation
it is concluded that there is no normative regulation of the issues of sending convicts
to lockup houses, the concept of evading serving a sentence of arrest as well as the
procedure and conditions for criminal prosecution under Art. 414 of the Criminal Code of
the Republic of Belarus. This causes problems associated with the violation of the principle
of the inevitability of criminal liability and the practice of applying this type of punishment,
entailing among other things the growth of recidivism up to grave and especially grave
crimes, encroaching on human life and health.
Based on a comparative analysis of the legislation of the Republic of Belarus and the
Russian Federation, which regulates the execution and serving of punishment in the form
of arrest, the similarity of legal regulation of these public relations and problems in the law
enforcement practice of both countries is noted.
The conclusion is drawn about the need to amend the Penal Code of the Republic of
Belarus in order to eliminate conflicts related to the execution of the sentence of arrest as
well as conduct a comprehensive study of the execution of the sentence of arrest in the
Russian Federation.
Keywords: convicted; arrest; lockup houses; penal inspection; execution of sentences; sending convicts to the place of serving the sentence
Senior Lecturer of the Department of Penal Law of the Penal Department of the Academy of the Ministry of Internal Affairs of the Republic of Belarus, PhD. in Law.
, e-mail shabalbig@mail.ru
-
1. Homich V. M., Barkov A. V., Marchuk V. V. (red.) Ugolovnyj kodeks Respubliki Belarus’: nauchno-prakticheskij kommentarij
[The Criminal Code of the Republic of Belarus: Scientific and Practical Commentary]. Minsk, 2019. 1000 p. (In Russ.).
[The Criminal Code of the Republic of Belarus: Scientific and Practical Commentary]. Minsk, 2019. 1000 p. (In Russ.).