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Криминология. Общая и специальная превенция уголовно-правового предупреждения (самое важное)

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31. GENERAL AND SPECIAL PREVENTION OF CRIMINAL LEGAL PREVENTION

Criminal Law Warning - the preventive effect of criminal liability, punishment and other means of criminal law on certain criminogenic factors implemented in the special activities of its subjects (legislative and law enforcement agencies, scientific institutions, etc.).

Prevention (from lat. praevenio - "I'm ahead of", "I warn", "I prevent").

Preventive measures - any preventive and other actions aimed at preventing crimes and other offenses.

In legal theory, prevention is divided:

1) general prevention - prevention (prevention) of crimes under the influence of a criminal law prohibition and consists in achieving and providing stimulation of normatively fixed behavior.

By implementing the punishment, the state affects the consciousness of the offender. This influence consists in intimidation, proof of the inevitability of punishment and thus in the prevention of new offenses. Moreover, the preventive effect is not only on the offender himself, but also on those around him. Thus, a general prevention is achieved. General prevention - any preventive measures in relation to an indefinite circle of persons, meetings at which theorists and practitioners speak to explain certain norms of the law, new legislation, as well as lectures, discussions, speeches in the media, etc.

These activities are carried out with the aim of improving various spheres of public life (economic, social, political, spiritual, etc.), thereby creating the prerequisites for eliminating crime, suppressing or weakening the effect of general causes and conditions of crime, its individual types and specific crimes. Prevention of committing new crimes, or prevention, involves such an impact on the consciousness of the convicted person, as a result of which he loses the desire to commit new socially dangerous acts. This goal is directly related to the second goal - the correction of the convicted person. In this regard, we can talk about preventing the commission of new crimes by correcting the convicted person. This type of prevention is called special (a citizen who has served his sentence must not commit a crime again);

2) special prevention - prevention (prevention) of the commission of new criminal acts by persons who have already committed any crimes, which is achieved by applying criminal penalties to them, as well as coercive measures of a medical and educational nature, probation.

Special preventive measures include preventive measures aimed at preventing an offense by a single individual or business entity. Special prevention consists in the application of the actual measures of responsibility (social punitive impact) to the violator of the rule of law.

Author: Selyanin A.V.

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