Punishment as retribution, intimidation and coercion
Journal Title: Юридические науки и образование - Year 2017, Vol 50, Issue 50
Abstract
Coercion and punishment, the resistance to manifestations of crime, can and must be justified. Moreover it is necessary precisely in terms of a higher morality but only if coercion and punishment do not become violence against the person but instead oppose violence and evil. Only through coercion and deterrence, although not permitting physical violence and humiliation, is it possible to achieve the goals set by the state and therefore create grounds for the improvement of society. At the same time, the moral principle requires us to recognise not only the right of the offended, the victim, who not only equitably requires a deserved punishment for the perpetrator but also an appropriate attitude towards that perpetrator. This should not involve humiliation and destruction but punishment for the relevant act committed in view of his personality.
Authors and Affiliations
Ilham Rahimov
Keywords
Related Articles
- EP ID EP172788
- DOI 10.25108/2304-1730-1749.iolr.2017.50.121-191
- Views 94
- Downloads 0
Principles of interaction of the participants of a process in pre-trial criminal production
Analysis of criminalistical recommendations on interaction of the participants of a process and their correlation with the provisions of the CPC is allowed to assert about presence of contradictions, gaps and essential e...
About conditional early release
In the current Criminal Code of the Republic of Azerbaijan, as a formal requirement for the application of conditional early release of a punishment, the penalty imposed by the court was determined by the convicted perso...
Administrative and legal guarantees of academic freedoms as freedom of expression
The administrative and legal guarantees of academic freedoms – components of the right to freedom of expression are considered. It is established that the concept of academic freedom is a recipe for the principles of fre...
The function of a defense as necessary element of the competitive process
Competitiveness principle can be considered existed only upon equal rights of the parties of criminal process including in collection of the evidence. An idea of parallel investigation as obligatory condition of classica...
Criminal right as the right of its time (on concept of modern criminal law)
The article formulates provisions creating in combination of a concept of modern criminal law, analyses the requirements brought to criminal legislation, and shows the directions of its improving. It is reasoned a conclu...