Deprivation of Liberty Dominance in the Structure of Imposed Sentences: Problems of Law Enforcement Practice

Abstract

The paper examines the practice of imprisonment sentencing in Russia since the early 2000s until 2021. Using diagrams, in the context of the issue under consideration, the structure of the author scrutinizes criminal penalties imposed in Russia at the end of 2021; the number and proportion of those sentenced to imprisonment in Russia in the period from 2003 to 2021. As part of the analysis of the practice of applying imprisonment sentence for certain categories of crimes, the author studies the following: the proportion of those sentenced to real imprisonment for murder in Russia for the period from 2003 to 2021; the share of those sentenced to real imprisonment in the total mass of those convicted for intentionally causing grievous bodily harm in Russia for the period from 2003 to 2021; the number of people convicted of intentionally causing grievous bodily harm; the proportion of those sentenced to imprisonment for aggravated rape in Russia in the period from 2003 to 2021; the number of people convicted of taking bribes in Russia from 2007 to 2021; the structure of punishment for accepting a bribe in Russia in the period from 2007 to 2021. The author draws conclusions about the observed trend of reducing the share of the considered type of punishment from 88% in 2003 to 57% in 2021, achieved mainly by reducing the number of suspended sentences, as well as about the problems of the observed practice of choosing punishment in the form imprisonment for specific offenses. In particular, it is pointed out that it is inadmissible to recognize the practice of imposing imprisonment sentences for intentional infliction of grievous bodily harm as the correct and appropriate position of the legislator, as well as the validity of reducing the frequency of choice of punishment in the form of imprisonment (especially suspended) in relation to persons who received a bribe under aggravating circumstances, including in a significant, large, especially large amount.