Prison crime is an integral part of crime in the country. Crimes committed in correctional institutions pose a serious problem, because they undermine the penitentiary system authority, impede the punishment goal achievement, destabilize the situation in prisons, and have a negative impact on the convicts’ behavior. Currently, 58 % of convicts in prisons have been tried repeatedly; 47% are serving sentences for committing grave and especially grave crimes. Numerous groups of negative-minded convicts in penal colonies adhere to the traditions of the criminal environment with its “criminal ideology”. The two forms of criminal activity – organized and conventional – have merged: organized and conventional. The “criminal ideology” in prisons bring about the “seizure of power”, when correctional colonies and their contingent begin to serve sentences according to “criminal notions” in accordance with the “criminal subculture”, not according to the norms of executive legislation. The present day shows the confrontation between “us” and “them”. The correctional colonies with “criminal subcultures” are called “black”, while those where the norms of executive legislation and the Internal Regulations prevail are called “red”.
Currently in order to improve the application of the norms of the criminal law, for example, on reasonable risk this retrospective study has been conducted. The importance of improving the position of the norms on reasonable risk, obvious as connection with the development of science and technology situations associated with the risk appears more and accordingly, the task of the criminal law to regulate each of them. The author analyzes the provisions of the norm proposed by scientific practitioners before the appearance of modern standards about reasonable risk modern code in the form of projects. On the basis of social situations associated risk, currently emphasizes the relevance position projects rules about reasonable risk not fixed modern edition of the article. The article is indicated that the situation, previously proposed in develop scientific and practical team’s projects with them and consolidation in the current for today, but not used normal in force discussion of the nature of the provisions will allow objectively solve the issue of criminal legal consequences of action related risk through which caused damage public relations, real protected by law. In particular, the author points to the need to clarify of the mechanism, for the application of criminal law in relation to the rule of reasonable risk, which is a circumstance mitigating punishment and precluding the criminality of an act.
Crimes committed in correctional institutions pose a serious problem, undermining the penitentiary system, preventing the attainment of the punishment objective, destabilizing the situation in the institutions of confinement, adversely impacting the behavior of convicts. Currently, 58% of convicts in the institutions of confinement have been convicted more than once; 47% are serving their sentences for committing grave and especially grave crimes; numerous negative groupings are formed in correctional colonies, adhering to the criminal traditions. Two forms of criminal activity - organized and common - have merged in the places of confinement with their “ideology of the underworld”. Together with that, the ideology of the underworld results in a kind of “seizure of power”, when correctional colonies and their contingent begin to serve sentences by correctional law, i.e. nowadays, there is a confrontation of “us and them”. The correctional colonies operating according to the norms of “criminal subcultures” are defined as “black”, while those operating by the norms of the correctional law and the Internal Regulations are defined as “red”. The task of the “criminalist” is to spread their influence over the majority of convicts in order to seize power in correctional institutions. One of such actions of convicts in the institutions of confinement aimed at reorienting correctional colonies is disorganizing the activities of the institutions that ensure isolation from society. Though the actions to disorganize the activities make only 2-3% of the total number of crimes in the institutions of confinement, they are of a high social danger and cause significant harm to the correction of convicts and crime prevention. It should not be forgotten that an important role in the prevention of crimes in the institutions of confinement belongs to criminal law measures, since Part 1 of Art. 2 of the Criminal Code of the Russian Federation provides for the preventive function of criminal legislation, yet the guaranteed fight against crime depends on the content of the criminal law norm and the level of law enforcement. Based on the name of Art. 321 of the Criminal Code of the Russian Federation, it is clear that this criminal law norm regulates and protects such social relations that are designed to ensure the activities of institutions executing criminal sentences in the form of imprisonment by court verdict.
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