PUNISHMENT AND OTHER MEASURES OF CRIMINAL-LEGAL INFLUENCE
DOI:
https://doi.org/10.52026/2788-5291_2025_80_2_138Keywords:
punishment, coercive measures, security measures, alternative measures to punishment, precautionary measures, restorative justice, criminal measures, medical measures, compulsory payment, special requirementsAbstract
The article examines the relationship between punishment and other measures of criminal-legal influence applied to persons who have committed criminal offenses in accordance with the Criminal, Criminal Procedure and Criminal-Executive Codes of the Republic of Kazakhstan.
Common features between them are revealed, allowing them to be transformed into punishment or other measures of criminal-legal influence, as well as their specificity, preventing their differentiation.
Along with this, their close connection with other measures of criminal-procedural coercion applied during pre-trial criminal proceedings is determined.
The differences between punishments and other measures of criminal-legal influence are indicated, consisting in the purposes, means and grounds for their application, the procedure and conditions, the amounts and terms of their serving, the institutions and bodies executing them, as well as the types, volumes and content of prohibitions on the behavior of persons who have committed criminal offenses. The effectiveness of punishment and other measures of criminal-legal influence in protecting human rights and freedoms, protecting socially significant values, preventing and combating crime is noted.
All types of punishments and other measures of criminal legal impact are considered as measures of a comprehensive system of criminal legal protection and criminal legal prevention.
The criminal legislation of the Republic of Kazakhstan on punishments and other measures of criminal legal impact applied against persons who have committed crimes has been studied. A review of statistical information on convicts in the republic as a whole for the period 2020-2024 was conducted, to which the courts imposed punishment and other measures of criminal legal impact, as a result of which a tendency to decrease the number of convicts, conditionally, as well as those involved in community service was established.