Guilty Verdicts Research Articles

TINDAK PIDANA PENGGELAPAN AKIBAT WANPRESTASI TIDAK MELAKUAN PEMBAYARAN KEPADA PERUSAHAAN PT. AGUNG BUMI LESTARI (Studi Putusan Pengadilan Negeri Tebing Tinggi No. 74/Pid.B/2019/PN.Tbt tertanggal 28 Mei 2019)

In an agreement, there is a default. Sometimes defaults lead to criminal acts as stated in the decision of the Tebing Tinggi District Court No. 74/Pid.B/2019/PN.Tbt where the defendant is a customer of PT. Agung Budi Lestari after maturity did not hand over the amount of money from the sale of goods belonging to PT. Budi Agung Lestari, therefore the defendant was reported on charges of embezzlement. This study uses a normative juridical method because it examines the laws and regulations that are doctrinal in nature with a case approach and a conceptual approach which are then analyzed descriptively qualitatively. The results of the research on the legal regulation of the criminal act of embezzlement due to default where embezzlement is a crime regulated in Article 372 of the Criminal Code. The occurrence of no crime in default in the Tebing Tinggi District Court Decision No. 74/Pid.B/2019/PN.Tbt is due to an agreement relationship between the defendant and PT. Agung Budi Lestari but in practice the defendant did not fulfill what was agreed upon, namely to deposit a sum of money from the goods belonging to PT. Agung Budi Lestari who is under the control of the defendant. The application of default and criminal acts of embezzlement in the decision of the Tebing Tinggi District Court No. 74/Pid.B/2019/PN.Tbt wherein the decision stated that the defendant was guilty of violating the criminal provisions of Article 372 of the Criminal Code of embezzlement and sentenced to imprisonment for 2 (two) months. The application of the law to this case is wrong in imposing a verdict of guilty of committing a criminal act of embezzlement where the convict should be sentenced to acquittal as there has been jurisprudence on the same case in which the judge released the Defendant from all lawsuits in which there was a reason for the abolition of the crime so that it must be resolved. through civil court, not criminal.

Juror characteristics on trial: Investigating how psychopathic traits, rape attitudes, victimization experiences, and juror demographics influence decision-making in an intimate partner rape trial.

Trial by jury is a longstanding legal tradition used in common law jurisdictions to try the most serious of criminal cases. Yet, despite hearing the same trial evidence, individual jurors often arrive at different verdict decisions, indicating that they may be impacted by more than the evidence presented at trial. This study therefore sought to investigate the role of jurors' psychopathology, attitudinal, experiential, and demographic characteristics upon individual verdict decisions. Adopting an improved mock trial paradigm, 108 jury-eligible participants took part in one of nine identical 12-person mock trial simulations depicting a videotaped recreation of an intimate partner rape trial. Pre-trial, mock-jurors completed a psychosocial survey capturing their psychopathic personality traits (affective and cognitive responsiveness, interpersonal manipulation; egocentricity), rape myth beliefs, victimization experiences and demographics. Post-trial, jurors deliberated to reach a collective group decision and individual verdict decisions were recorded pre- and post-deliberation. Binary logistic regression analyses revealed rape myth beliefs and juror ethnicity were significantly related to verdict decisions both pre- and post-deliberation. Post-deliberation, decreased affective responsiveness (empathy) and experience of sexual victimization were also found to be significant predictors of guilty verdict selections. These findings indicate for the first time that within an intimate-partner rape trial, certain psychosocial traits, crime-specific attitudes, and experiences of sexual victimization appear to predispose juror judgments and decision-making even after group-deliberation. This study therefore has important implications for understanding how individual differences among jurors may impact rape trial verdict outcomes and the need for targeted juror reforms.

On the Concept of Criminal Record and its Institutional Significance

One of the directions of the generalizing definition of the criminal record (In addition to the institutional one) is the attribution of its nature to the class of legal facts. A criminal record is an urgent legal fact of conviction for a crime committed by a person (the fact of a single act or a fact-state), expressed in a court verdict of conviction with sentencing, entailing criminal and general legal consequences for the convicted person. When a criminal record has the value of a qualifying attribute of the corpus delicti, or is taken into account as a sign of recidivism of crimes when sentencing, as well as in all other cases when it affects the application of certain articles of the Criminal Code, a criminal record acts as a fact of a single action (it is taken into account only when a person is convicted of committing a new crime and he is punished by a guilty verdict of the court).The conviction and punishment of a person by a court verdict, being a fact of a single action, entails the emergence of a legal fact of continuous action (condition) of having a criminal record.

Sharpening the subjective element of criminal liability in South African law

South African criminal law holds to a conception of human beings as morally autonomous, which is consistent with the right to dignity. The individual is the foundation of society and law, and must not be treated as an object or instrument. The right to dignity is limited by a guilty verdict, given the punitive and stigmatising consequences which follow. The infringement of the right to dignity which follows conviction is unjustifiable, unless the finding of liability is based on the offender’s control and choice. But a guilty verdict equally resonates with the right to dignity, by treating the offender as a responsible human agent. The basis for a guilty verdict is founded on blameworthiness. It follows that the subjective element of criminal liability is crucial in the just functioning of the assessment of criminal responsibility. Despite an earlier reliance on objective notions, following the pioneering work of JC de Wet, South African law has developed into a system of criminal responsibility based on a subjective, principled approach to liability, the ‘psychological approach’. The justifications for, operation of, and opportunities for further refinement of this vital feature of substantive South African criminal law forms the fabric of this article.

HARM TO LIFE AND HEALTH AS A RESULT OF ACTS OF ILLEGAL ADOPTION: CRIMINAL LEGAL AND MEDICO-PSYCHOLOGICAL ASPECTS.

The aim: To study the harm that can be a result of acts of illegal adoption and find out the effects on child life and health. Materials and methods: The following methods were used: system-structural, regulatory, dialectical and statistical processing, The article provides data of the Court Administration of Ukraine of 2001-2007 on the conviction of 5 individuals involved in illegal adoption. Also data of the Unified Register of Court Decisions of Ukraine as of the 4th of September 2022 have been processed which served as the basis of illegal adoption criminal proceedings with only 3 guilty verdicts out of total number which came into force. In addition, the article provides examples that have been published in the Internet, media of Poland, the Netherlands, US and Ukraine. Conclusions: It has been proved that acts of illegal adoption constitute criminal offence which not only infringes upon orphaned children settling procedures established by law, but also can be used for the "pseudo adoption" purposes, which can result in the following acts of violence against minors: physical, mental, sexual, psychological abuse, etc. The article considers their effect on life and health.

An Innovative Approach to Evaluate the Effectiveness of Combating Money Laundering

The article summarises the arguments and counterarguments within the scientific debate on the issue of improving the system of combating money laundering. The research’s primary goal is to evaluate the system’s effectiveness in combating money laundering. The study of the issue of evaluating the system’s effectiveness for combating money laundering is carried out in the article in the following logical sequence: informative base forming; determination of terminal events as criteria for the system’s effectiveness for combating money laundering; survival tables construction, which provide for the probability of a court verdict on financial monitoring issues; evaluation of the system’s effectiveness of institutional changes in combating money laundering. Survival analysis methods or survival tables, the Kaplan-Meier method, were used to conduct the research. The developed scientific-methodical approach to evaluating the system’s effectiveness for combating money laundering was approved based on financial monitoring data in Ukraine; the study period was 2009-2022. The time intervals and established probabilities of avoiding punishment for the crime of money laundering were defined based on the analysis. The authors of the article empirically determined that with an increase in the time between the time of the commission of the crime and the time of the court’s conviction, the probability that the court will not be convicted decreases. If three years and seven months pass after the crime, the probability of a guilty verdict will be 50.9%. Based on the obtained calculations, the changes in the organisational and functional composition of the combating money laundering implemented in recent years could have improved the quality of combating money laundering. Further research should be directed to a detailed analysis of the structural elements in the institutional part of the system of combating money laundering to identify the weaknesses of each stage: financial monitoring, investigation and the judicial system.

Attrition of Cases of Sexual Offences from The Criminal Justice System of Sri Lanka; A Pilot Study

<p class="Default"><strong><em>Introduction:</em></strong><em> </em>Attrition is a process by which cases dropout from the criminal justice system failing to reach a guilty verdict. The conviction rates in cases of sexual abuse are reported to be very low despite the rise in the number of reported cases, which indicates a higher rate of attrition. This paper reports a retrospective analysis of attrition in sexual offences by identifying the stages and characteristics associated with the loss of cases from the time of initial complaint to a verdict in court. <p class="Default"> <p class="Default"><strong><em>Methods:</em></strong><em> </em>The research (retrospective descriptive cross-sectional study) utilized the police reports (n=427) of alleged sexual offences in the major crime registries in three police stations in the Polonnaruwa district from 01st of January 1998 to 31st of December 2007. The entries as of 01st of January 2020 were analyzed retrospectively. <p class="Default"> <p class="Default"><strong><em>Results:</em></strong><em> </em>Most of the victims were female 94% (n=403) while all the perpetrators were male in this study. The observed types of alleged offences included 57% (n=242) rapes, 23% (n=98) grave sexual abuse, 14% (n=59) unlawful apprehensions, 4% (n=18) incest, and 2% (n=10) unnatural offences. As of 1st of January 2020, 21% (n=88) of cases have ended up in a conviction in a trial while 33% (n=141) of cases are pending at courts, and 46% (n=198) of cases were dropped out of the legal system. The overall rate of attrition was 46% (n=198) while 20% (n=87) at high courts, 16% (n=69) at magistrate courts and 10% (n=42) at police investigation level. There was a significant association demonstrated in attrition with age of the victim, age gap between the victim and perpetrator, delay in reporting of the offence and type of offence. <p class="Default"> <p class="Default"><strong><em>Conclusion:</em></strong><em> </em>A considerable number of cases are dropping out of the legal system at different attrition points and pending in courts for a long period of time. Further study revealed a significant association in attrition with characteristics of sexual offences.

The Government as Plaintiff: An Analysis of Medical Litigation Against Healthcare Providers in the Eastern Province of the Kingdom of Saudi Arabia.

The Saudi healthcare and medicolegal systems have seen several developments to improve quality of services and ensure patient safety. However, violation claims have seen an upward trend in the past few years. Several studies have analyzed medical litigation to better understand violations within healthcare sectors and address them accordingly. Such studies have focused extensively on medical litigations filed by patients against healthcare providers, overlooking other plaintiffs, such as governments. In this study, we examined violation claims filed by governmental entities against healthcare providers in the Eastern Province of the Kingdom of Saudi Arabia. From 2016 to 2019, 718 healthcare providers were involved in violation claims that were referred to the Medical Offenses Committee. Two logistic regression analyses were performed to identify significant predictors of receiving a guilty verdict and the verdict type (for guilty verdicts), given defendant-related factors. Eighty-two percent of healthcare providers received a guilty verdict. Guilty verdicts were prevalent among non-Saudis and healthcare providers in the private sector. Healthcare providers working in the private sector were significantly more likely to receive a guilty verdict than healthcare providers working in the public sector. Nurses were significantly less likely to receive a guilty verdict than physicians. Being involved in violation claims with 5 or more codefendants decreased the likelihood of receiving a guilty verdict. In addition, non-Saudis being involved in violation claims with multiple defendants, working in the private sector, and working in pharmacies and medical complexes were significant predictors of the verdict type. Results of the study extend the extant literature by analyzing medical litigation including plaintiffs other than patients. In addition, the study introduces implications for the government and policymakers as well as areas for future research The study's findings emphasized the importance of employment sector and number of defendants as significant predictors of violation claims' verdicts. Policymakers should take into consideration significant predictors to ensure healthcare providers' compliance with respective rules and regulations. Tailored attention toward these predictors could minimize the prevalence of medical violation claims, ensure patient safety, and avoid associated negative consequences.

Реабилитация по уголовным делам частного обвинения: проблемы теории и практики

Urgency of research. According to Articles 2, 17, 46 of the Constitution of the Russian Federation, the human being, his rights and freedoms are recognized as the supreme value, and observation and protection of these rights and freedoms is a duty of the State; every citizen is guaranteed judicial protection of his rights.&#x0D; Criminal proceedings, which from a social point of view serve as a tool to protect the rights of victims of crimes, are based on a public-law basis. The initiation of criminal proceedings, preliminary investigation and trial are the responsibility of the competent public authorities. At the same time, in the case of unlawful or unjustified prosecution of a person, the harm caused to him is compensated at the expense of the federal budget in the framework of the rehabilitation procedure.&#x0D; At the same time in Russian criminal proceedings there is the so-called private prosecution: for some offenses criminal prosecution is initiated and carried out only by the victim, who is granted the status of a private prosecutor. The state in cases of private prosecution is represented only by the court, which resolves the criminal-legal conflict between the victim and the accused.&#x0D; Problem Statement. Since state bodies do not prosecute cases of private prosecution, the question arises whether rehabilitation of defendants, against whom the case was terminated or acquitted, is admissible. Currently, the legislation provides rehabilitation in cases of private prosecution only in cases where the court of first instance issued a verdict of guilty, which was subsequently overturned by a higher court. At the same time, the question of whether the accused, against whom there was no conviction and the criminal prosecution was terminated in the court of first instance, is entitled to compensation is not resolved. On the one hand, the accused, being subjected to criminal prosecution, has undergone certain negative consequences. On the other hand, it is not clear whether the private prosecutor should be considered «guilty» of making an unsubstantiated accusation. There is a clear competition between two constitutionally guaranteed rights: the right of the victim to protection from crime, including through independent appeal to court to bring the perpetrator to criminal liability, and the right of the person to compensation of damage caused by unjustified criminal prosecution.&#x0D; Objectives and methods of research. The purpose of the study is to establish the grounds for the emergence of a person’s right to rehabilitation and to compensation for harm caused by unjustified criminal prosecution, to determine the subject and the procedure of compensation for harm.&#x0D; Research objectives: to analyze the legislation on rehabilitation in cases of private prosecution; to systematize the normatively enshrined grounds for the right to rehabilitation in this category of cases; to clarify the possibility of compensation in cases where the criminal prosecution was carried out only by a private prosecutor; to determine the procedure for compensation.&#x0D; The methodological basis of the study was the method of dialectical materialism. General scientific methods of scientific knowledge were used: logical, systematic, functional, induction and deduction, analysis and synthesis, as well as special methods: comparative-legal, formal-legal.&#x0D; Results and key conclusions. In cases of private prosecution it is necessary to distinguish occurrence of the defendant’s right to rehabilitation in the criminal procedural sense (when the court of first instance rendered a guilty verdict, which was subsequently overturned by a higher court), and the right to compensation for damages (when the criminal prosecution was carried out by a private prosecutor and was terminated by the court of first instance). At the same time, the right to compensation arises only if the victim’s actions are malicious and if they constitute crimes such as slander or knowingly false denunciation. In other cases, the victim exercises their constitutional right to access to justice and to protection from crimes.

In the Pursuit of the Constructed Truth: Courtroom Questioning as a Persuasive Genre of Talk

ABSTRACT In China, the police have been the single dominant player in criminal cases, while the procuracy and the courts have played only complementary roles. More often than not, as long as the police have launched a criminal investigation, the procuracy will prosecute the targeted person and the courts will return a guilty verdict. In the shadow of policing power, the Chinese criminal justice system operates with unique characteristics, with both the procuracy and the courts mostly coordinating with the police to address crime, but rarely practising ‘mutual constraint’. If a criminal prosecution encounters an irregularity, the three agencies coordinate with one another first and seek a solution that benefits all. Under this operational mode, both defendants and their lawyers are entirely excluded from the core decision-making process of the criminal justice system, in which they have no choice but to passively accept the result of the coordination between the police, the procuracy and the courts. Through an analysis of courtroom discourses, this paper unfolds the dynamics of criminal trials and the interactions between the defence, prosecutors and judges.

Statistical evidence and the criminal verdict asymmetry

Epistemologists have posed the following puzzle, known as the proof paradox: Why is it intuitively problematic for juries to convict on the basis of statistical evidence and yet intuitively unproblematic for juries to convict on the basis of far less reliable, non-statistical evidence? To answer this question, theorists have explained the exclusion of statistical evidence by arguing that legal proof requires certain epistemic features. In this paper, I make two contributions to the debate. First, I establish the Criminal Verdict Asymmetry, a previously-unarticulated asymmetry between the epistemic norms of guilty and not guilty verdicts. I argue that the prosecution and defense’s different epistemic burdens influence whether statistical evidence can generate the type of verdict each side pursues. Second, I point out a mistake in how theorists have understood the role of statistical evidence in criminal trials. Though epistemologists have primarily focused on whether statistical evidence can generate specific epistemic features required for convictions, I consider whether statistical evidence can demonstrate a lack of such features. I find that there are epistemic advantages to allowing the defense to introduce statistical evidence which can reveal the prosecution’s failure to prove the defendant’s guilt.

Problems of investigation of medical crimes in Ukraine

In the article, the authors identified the main reasons for the low level of investigation of medical crimes in Ukraine based on the analysis of 78 criminal cases of medical malpractice considered by courts since 2013, the study of statistical information, scientific literature on the problems of investigating medical crimes, national legislation. It was concluded there are significant problems with the investigation of medical crimes in Ukraine. Less than one percent of the number of initiated criminal cases is sent to court. Most of the cases sent to court end with a guilty verdict, however, medical workers are released from real deprivation or restriction of freedom for various reasons. According to the specialties of medical workers, the most criminogenic are obstetrics and gynecology, surgery, anesthesiology, and emergency care for injuries and internal diseases. Methods of committing medical crimes are associated with using incorrect methods of providing medical care and with the untimely or incorrect diagnosis of the disease. The problems of investigating medical crimes in Ukraine are due to a number of reasons, including the closeness of the results of the post-mortem examination of the corpse to relatives of the deceased, the lack of independent forensic medical examination institutions in Ukraine, and gaps in the legal regulation of the protection of medical records from unauthorized access. This greatly complicates the establishment of a causal relationship between the actions or inaction of medical workers and the negative consequences that have occurred.

Certain aspects of allocation of obligation and burden of proof in criminal proceedings on infringement of intellectual property rights

Keywords: criminal procedure proving, obligation of proof, burden of proof, allocationof proof, reverse burden of proof&#x0D; Different approaches of national and foreign scientists and judges to themeaning of the concepts of «obligation» and «burden» of proof and allocation thereofbetween parties to criminal proceedings have been analysed. The basic features fordistinguishing the concepts of «obligation» and «burden» (compulsion and material interest)and property (dynamism) have been given. It has been noted that in the legislationof some European countries, despite the existence of the presumption of innocence,in certain categories of criminal proceedings, the obligation of proving innocenceis placed on the defence. The global trends of shifting the obligations of proof,simplifying the criminal procedure in certain categories of cases, and expanding therights of participants in the criminal proceedings have been observed. The provisionsof the Federal Rules of Criminal Procedure of the USA and the Criminal ProcedureCode of Ukraine regarding the mechanism of demanding evidence by the prosecutionfrom the defence have been compared. The norms of Clause 6, Part 2, Art. 242 of theCriminal Procedure Code of Ukraine, which shifted the obligation of proving materialdamage (damages) from the prosecution to the victim, have been analysed. Based onthis norm, it is expected to increase the procedural activity of the victim regarding establishingand proving this circumstance during the pre-trial investigation and thetrial. Based on the decisions of the European Court of Human Rights, it has beenproven that silence can be, although not the only, basis for issuing a guilty verdict. Itis proposed to define and consolidate in the judicial practice of the Supreme Court thepresumptions typical for cases of infringement of intellectual property rights: eventsof criminal offence and guilt.

The Herrin Massacre of 1922: Blood and Coal in the Heart of America

The Herrin Massacre of 1922: Blood and Coal in the Heart of America

Introduction: Black Laughs Matter

Introduction: Black Laughs Matter

Vydy zvilnennia vid pokarannia za zakonodavstvom Ukrainy ta zakonodavstvom derzhav Yevropeiskoho Soiuzu

A comparative analysis of the criminal legislation of Ukraine and the member states of the European Union regarding exemption from punishment is carried out. Types of exemption from punishment are defined. The main areas of improvement of the legislation of Ukraine on criminal liability in the specified area are outlined. Emphasis is placed on the problems that may arise at various stages of the implementation of criminal liability, the imposition of a sentence on a convicted person and its execution. The criminal-legal consequences of establishing these facts are regulated by the criminal laws of both Ukraine, in particular within the framework of the institutions of exemption from punishment and its serving, and the laws of foreign countries. A literary review of national and foreign legal literature is carried out regarding the division of exemption from punishment into types and the basis of various criteria is investigated, including: the degree of proximity of the punishment to the person who committed the criminal offense; degree of mandatory application of exemption; presence of special duties of the convicted person; according to the legal facts with which the legislator connects exemption from punishment and its serving; criterion of conditionality/unconditionality of further behaviour of a person released from punishment. It is indicated that, taking into account the variety of types of exemption from punishment established in the provisions of national criminal laws, it can be stated that the most successful criterion for their classification is the stage of the court proceedings at which they can be applied, namely, depending on the decision regarding the person of the guilty verdict. It is emphasized that the legislation of the EU states provides for various types of exemption from punishment, which can be applied to a person against whom a guilty verdict has not been passed and, accordingly, no punishment has been imposed, and only one of them is provided for in the Criminal Code of Ukraine: this exemption from punishment in connection with the statute of limitations of criminal liability (Part 5 of Art. 74 of the Criminal Code of Ukraine). At the same time, it is advisable to pay attention to different normative and legal assessment of the same circumstances.

Coping with the undesired consequences of jury reform: How does the Russian criminal justice system control an acquittals spike over the reform 2018-2020?

The historical development of the Soviet-Russian Criminal Justice System shows that there are ongoing negative attitudes towards acquittals amongst law enforcement agencies in Russia. Each period of acquittal rate rise is scrupulously monitored and controlled. Today, an acquittals spike in modern Russia is happening by virtue of Jury Reform, which has broadened the jury trial to the level of District Courts. By drawing on qualitative data from the observation of trials by jury, this paper explores the set of strategies and tactics, which the Criminal Justice System deploys to increase chances of reaching a guilty verdict by jury. The most frequently used strategies include manipulation in communication, trial “recursion”, trial acceleration, and system’s learning. The theoretical basis of research acknowledges N. Luhmann’s theory of autopoietic social systems and the Crime Control Model of H. Packer.

ANALISIS HUKUM PENYERTAAN “DELLNEMING” DALAM PENEGAKAN HUKUM PIDANA PEMILU : EVALUASI PEMILU 2019 DAN PROYEKSI PEMILU 2024

The general elections and elections in 2024 will be the first experiences because they will be held concurrently in the same year. Reflecting on the implementation of the 2019 elections, the Integrated Law Enforcement Center's (Gakkumdu) discussion of problems has a significant impact on the process of enforcing the Election Criminal Law. The issue stems from the process of completing the elements of election crime. Substantive law enforcement is important to put forward, considering that, empirically, in the 2019 elections, it has produced a precedent in the application of the "deelneming" articles of inclusion. This is evident from the analysis of the tendency of decisions by judges who handed down guilty verdicts in cases involving the application of the inclusion article elements (deelneming). One of the Election Supervisory Agency's (Bawaslu) top priorities as they prepare for the 2024 General Election is to strengthen the Integrated Law Enforcement Center (Gakkumdu). The Election Supervisory Agency (Bawaslu) makes breakthroughs in optimizing the enforcement of election criminal law as one of the elements in the Gakkumdu center, alongside the police and the prosecutor's office. One aspect is related to conducting scientific studies and increasing HR capacity in the process of enforcing election criminal law.

Afterword: Context erasure

Afterword: Context erasure

The Impact of the Specifics of Enforcing Fines on the Repressive Power of Criminal Law Measures

The current legal regulation of fine enforcement, together with the clauses regulating the possibility of release from execution in cases of failure to enforce a court sentence, as well as the approaches to the interpretation of some concepts of criminal and penitentiary legislation, make it possible to free the persons who do not in fact pay the imposed fines from legal encumbrances constituting legal liability. The absence of a uniform understanding of the terms «enforcement of a sentence», «end of the enforcement of a sentence», «end of the enforcement proceedings» does not make it possible to objectively define the moment when a person can be released from punishment due to the statute of limitations for the guilty verdict. The inconsistency of the position of the Supreme Court of the Russian Federation regarding this issue also has a negative impact on the practice of law enforcement. The effectiveness of the criminal law systems impact is generally reduced as a result of a combination of various technical-legal, organizational and inter-branch factors. The situations of inter-branch misalignment, arising due to the absence of control at the stage of introducing amendments into criminal legislation and other normative legal acts, are unacceptable. The resulting practice of imposing this punishment is heterogeneous, which prevents the establishment of a clear and logical system of both enforcing fines and releasing from such enforcement. The existing situation is undoubtedly not normal and requires a legislative correction which, in its turn, will make it possible to ensure that the situation in this area corresponds with the ideas of justice and equality before the criminal law. The authors concept of improving the legal regulation in the analyzed sphere is based on the necessity to implement the principle of the inevitability of punishment and observe the principle of reasonable time for the enforcement of punishment. At the same time, it is necessary to recognize that indirect encouragement of the non-performance of obligations (restriction of rights) associated with punishment is unacceptable.