Differentiation of the Grounds for Revocation of a Suspended Sentence and for Release from Punishment
Year: 2025
Type: article
Abstract: The revocation of suspended sentences and conditional forms of release from punishment, as prescribed by criminal legislation in cases of unlawful conduct during the probationary period, functions as a mechanism for differentiating the intensity of supervision over convicted individuals. Nevertheless, the commission of administrative offences during this period does not invariably constitute a sufficient basis for modifying the measures of social control. In a number of provisions of the Criminal Code of the Russian Federation, the legislative language does not facilitate a proper assessment or timely response to such offences, remaining narrowly focused on breaches of public order. Empirical analysis of law enforcement practices regarding the supervision of offenders serving suspended sentences, as well as those conditionally released from punishment, reveals structural limitations within supervisory authorities that hinder prompt responses to certain forms of unlawful behavior. The introduction of clearly defined and differentiated statutory grounds for the termination of conditional criminal law measures would significantly enhance the effectiveness and precision of criminal justice policy. Considering the individual circumstances of offenders, the study advocates for the implementation of a nuanced framework that systematically classifies both administrative and criminal offences in accordance with the degree of their severity. Such an approach would serve as an indicator of an offender’s failure to rehabilitate and the persistence of their social danger, thereby enabling more accurate and proportionate legal interventions.
Source: Lex Russica
Author: K. N. Karpov
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4414436627