ISSUES OF QUALIFICATION OF EVASION FROM SERVING A SENTENCE OF IMPRISONMENT
DOI:
https://doi.org/10.52026/2788-5291_2022_68_1_58Keywords:
escape, surveillance, security, places of deprivation of liberty, convict, minimum security institutionAbstract
Imprisonment is one of the most severe punishments in the system of state coercive measures. The nature of his punishment depends both on the circumstances of the sentence and on the social environment of the convict. Therefore, an important direction in the prevention of penitentiary crime is the fight against escapes from places of deprivation of liberty.
This crime is one of the most widespread in the penitentiary system of the Republic of Kazakhstan. The social danger of escape lies in the fact that convicts not only leave the place of deprivation of liberty on their own, but also have the opportunity to commit new crimes. In the article, the author compares the norms of criminal, penitentiary law that characterize the escape from protection and supervision, and also identifies their specific features.
A comparative analysis of escapes from places of deprivation of liberty and evasion from serving a sentence in the form of deprivation of liberty is made. On the basis of the research, as well as the study of the points of view of scientists regarding the escape from protected institutions and evasion from unprotected territories, out of supervision, the author makes recommendations for improving the current criminal legislation.