NCJ Number
51547
Journal
Revue de droit penal et de criminologie Volume: 58 Issue: 1 Dated: (JANUARY 1978) Pages: 29-51
Date Published
1978
Length
22 pages
Annotation
THE PRESIDIUM OF THE SUPREME SOVIET ENACTED LEGISLATION IN FEBRUARY 1977 TO REFORM THE STATUTORY PROVISIONS FOR THE REPRESSION AND PREVENTION OF DELINQUENCY IN THE U.S.S.R.
Abstract
THE AIMS OF THE PRESIDIUM'S LEGAL REFORMS WERE TO (1) CREATE A MORE DIFFERENTIATED SYSTEM OF PENALTIES; (2) EXTEND THE PRACTICE OF PUNISHING MINOR OFFENSES BY MEANS OTHER THAN ISOLATING THE OFFENDER FROM SOCIETY WITHOUT, HOWEVER, DIMINISHING THE PENALTY FOR SERIOUS OFFENSES; (3) STRENGTHEN THE ROLE OF THE COMRADES' COURTS; AND (4) PROVIDE BETTER PROTECTION FOR YOUNG PEOPLE. THE REFORMS ON PENAL LAW, PENAL PROCEDURE, AND PRISON REGULATIONS HAVE PROVIDED FOR THE ESTABLISHMENT OF SPECIAL CORRECTIVE LABOR COLONIES WHERE PERSONS GUILTY OF INVOLUNTARY INFRACTIONS CAN ENJOY SOME LIBERTIES WHILE THEY SERVE THEIR TERMS. THIS INNOVATION REPRESENTS RECOGNITION OF THE DIFFERENCE BETWEEN VOLUNTARY AND INVOLUNTARY DELINQUENCY. THE PROVISIONS FOR CONDITIONAL RELEASE HAVE BEEN EXTENDED AND CONDITIONAL SENTENCING HAS BEEN INTRODUCED WITH A MEASURE ON LABOR OBLIGATIONS; HENCE, THERE IS A CONTINUING EMPHASIS ON REFORMING CONVICTS THROUGH LABOR. THE PRESIDIUM REFORMS HAVE ALSO APPROVED THE DECRIMINALIZATION OF VARIOUS MINOR OFFENSES. HOWEVER, THIS HAS TAKEN PLACE IN EXTREMELY MILD FORM. THE LEGISLATION DEALING WITH THE COMRADES' COURTS HAS BROUGHT THEM CLOSER TO THE STATUS OF THE ORDINARY COURTS, THEREBY RAISING THEIR PROCEDURAL STANDARDS. THEIR PROXIMITY TO REGULAR JUDICAL INSTITUTIONS WHICH ADMINISTER THE LAWS IN ACCORDANCE WITH A FIXED PROCEDURE, ALLOWS CERTAIN PROBLEMS TO BECOME MORE PROMINENT, PARTICULARLY THOSE WHICH DEAL WITH THE RIGHT TO DEFENSE, GOVERNMENT, AND TRADE UNION INTERFERENCE, AND THE CONCEPT THAT THE COURT IS AN INSTITUTION DISTINCT FROM THE MACHINERY OF THE GOVERNMENT. THERE IS A LEGITIMATE DANGER THAT THE REFORMS, UNDER THE COVER OF DECRIMINALIZATION, HAVE CONFERRED ENORMOUS POWERS ON THE LOCAL GOVERNMENTS AND UNIONS. THE REFORMS DEALING WITH THE PROTECTION OF YOUTH FOCUS ON THE ISOLATION OF JUVENILE DELINQUENTS FROM OTHER CHILDREN, GENERAL AND PROFESSIONAL TRAINING IN SPECIALIZED INSTITUTIONS, AND THE LIMITED PERIOD OF RESIDENCE IN REFORMATORIES; THE MAIN EMPHASIS HAS BEEN ON YOUTH AGED 11 OR OLDER. EACH OF THE REFORMS IS DETAILED AND REFERENCES ARE PROVIDED. FOR AN ENGLISH SUMMARY TRANSLATION, SEE NCJ # 59507. --IN FRENCH. (MHP)