在执行判决的递进制度中对被定罪者的分类和分布

Alexandru Crudu
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摘要

众所周知,在刑事执行法理论中,对被剥夺自由的罪犯的分类从三个层面进行了考虑。第一级是初级法律分类,其目的是根据犯罪的性质和危险程度,区分对罪犯的惩罚。第二层次是罪犯的二次刑事执行分类,包括区分执行刑罚和纠正罪犯,排除一些罪犯对另一些罪犯的负面影响。罪犯分类的第三个层次是根据心理教育学、法医学、社会和其他标准研究他们的个性。本文分析了累进量刑制度中罪犯分类和分配的主要工具。在此基础上,对刑事执法中对罪犯进行分类的方法以及分类过程的效率问题进行了理论探讨。同样,除了《执法法》明确规定的标准外,还审查了监狱工作人员适用的罪犯分类的其他标准。最后,在改进对罪犯进行分类和分配的文书方面提出了建议,并提出了修改这方面的管理框架的建议。
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Classification and distribution of convicted people in a progressive system of execution of the sentence
As it is known, in the theory of criminal enforcement law, the classification of convicts to criminal sentences deprived of liberty is taken into account at three levels. The first level is the primary legal classification, the purpose of which is to differentiate the punishment for the offender according to the nature and degree of danger of the crime he/she committed. The second level is the secondary criminal execution classification of convicts, which involves differentiating the execution of the sentence and correcting convicts, excluding the negative influence of some convicts on others. The third level of classification of convicts involves the study of their personality, based on psycho-pedagogical, forensic, social and other criteria. This article has analyzed the main tools for classifying and distributing convicts in a progressive sentence system. Thus, the doctrinal opinions regarding the efficiency of the classification process were studied, as well as the ways of classifying the convicts in the criminal enforcement law. Likewise, the additional criteria for classifying convicts applied by prison staff were examined, in addition to those expressly regulated by the Enforcement Code. Finally, recommendations were made in the context of improving the instruments for classifying and distributing convicts, as well as proposals to amend the regulatory framework in this regard.
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