Prolongation of state coercion against a person with a criminal record in the context of the principle “non bis in idem”

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Combating crime is the prevailing direction of criminal policy throughout the history of the development of the domestic state. However, at present, the current legislation allows for the possibility of applying to a person who has fully served a sentence imposed by a court, a subsidiary, independent amount of deprivation and legal restrictions provided for by the institutions of criminal record and administrative supervision. The purpose of the article is to assess the permissibility of the occurrence of deprivation and legal restrictions in relation to citizens found guilty of committing a crime and who have served the sentence imposed by the court in full. Taking into account the formal and material features that are inherent in the institutions of criminal record and administrative supervision, the author concludes that the deprivation and restrictions that are subsidiary to punishment, prolonging the main volume of state repression, contradict the intersectoral, international principle of non bis in idem.

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Criminal responsibility, punishment, criminal record, administrative supervision, principle of non bis in idem, principle of justice

Короткий адрес: https://sciup.org/148321643

IDR: 148321643   |   DOI: 10.25586/RNU.V9276.21.03.P.139

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