Summary

The analysis given above reflects only major gaps and inconsistencies between national regulations and international standards. The main issue is that aims and tasks of Russian penal enforcement system do not comply with democratic and humanistic values. This is the main reason for controversies with the EPR. Unfortunately, judging by the Development concept of Russian penal enforcement system till 2020 we cannot await that the role of penal enforcement system will be revised, and it will remain the repressive instrument of the state, successor of GULAG.

Assessments and suggestions made in the report serve as a basis to reconsider the Concept based on international experience and precise adoption of international standards. Certainly, Russian realities must be taken into account during their application.

Without understanding of areas for reforming the penal enforcement system, no major amendment of penitentiary legislation can be made. The scope of necessary amendments is essential, it refers to a majority of provisions of the Penal Code RF, Laws “On detention…” and “On institutions and bodies executing criminal sanctions in the form of confinement”, Criminal Penal Code RF, as well as internal regulations.

V. Criminal law

Criminal law, also termed as Penal law, encompasses the rules and statutes written by Congress and state legislators dealing with any criminal activity that causes harm to the general public, with penalties. It also covers criminal procedure connected with charging, trying, sentencing and imprisoning defendants convicted of crimes. It regulates how suspects are investigated, charged and tried.

Criminal law also includes decisions by appellate courts that define and interpret criminal law and regulate criminal procedure, in the absence of clear legislated rules. In order to be found guilty of violating a criminal law, the prosecution must show that the defendant intended to act as he/she did. In other words, there had to be intention (Mens rea).

Criminal law is typically enforced by the government. The state, through a prosecutor, initiates the suit. Criminal law encompasses Substantive Criminal law; Criminal Procedure; and the special problems in administration and enforcement of criminal justice.

Substantive Criminal law defines the crimes committed against the state and may establish punishment. It defines how the facts in the case will be handled, the classification of the crimes (such as, whether the crime is a felony or a misdemeanor), as well as how the crime should be charged. It deals with the “substance” of the matter. Criminal statutes determine which courts will hear what cases and who will prosecute those cases.

Criminal Procedure describes the methods through which the criminal laws are enforced. For example: when the accused can be searched; when evidence can be seized; and when eyewitnesses can be investigated. Criminal Procedure deals with a defendant's individual, constitution rights - including the right to remain silent, the right to a speedy, public trial by a jury, the right to a competent attorney, and the defendant's right to confront his or her accuser.

Enforcement of criminal laws in the United States has traditionally been a matter handled by the states. Criminal statutes, which vary by jurisdiction, describe the type of conduct that has been deemed a crime, the intent required, and in some instances, the proper punishment.

In the application of punishment, there are typically five objectives: retribution; deterrence; prevention/incapacitation; rehabilitation; and restitution. There are limitations on the punishment that may be imposed. The U.S. Constitution's Eighth Amendment states: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.' A number of state constitutions also contain the same, or similar, provisions.

Notes:

Encompass – выполнять, заключать criminal activity – уголовная деятельность cause harm – причинить вред penalty – наказание criminal procedure – уголовный процесс charge – обвинение trying – представить дело на рассмотрение суда sentence – приговор imprison – заключать в тюрьму, лишать свободы defendant – ответчик; обвиняемый, подсудимый convicted – осуждённый suspect – подозреваемый investigate – расследовать decision – решение interpret – толковать find guilty – доказать вину violate – нарушать prosecution – обвинение Mens rea – (лат.) вина

Substantive – действующий Justice – правосудие commit crime – совершить преступление punishment – наказание felony – уголовное преступление misdemeanor – проступок accused – обвиняемый evidence – доказательство (eye)witness – свидетель trial – судебный процесс, суд attorney – адвокат jury – суд присяжных retribution – наказание deterrence – задержание prevention – предупреждение, предотвращение incapacitation – ограничение право- и/или дееспособности rehabilitation – реабилитация restitution – восстановление аmendment – поправка bail – залог fine – штраф