Concept and structure of criminal-legal violence in penal institutions

Abstract

The article presents the scientific and legal substantiation of the concept and structure of criminal-legal violence in penal institutions. The author’s approach is formulated for the structure of criminal-legal violence in penal institutions. In particular, in this structure, it is proposed to allocate the following groups of crimes: 1) violent unmercenary crimes; 2) mercenary violent crimes; 3) violent crimes that violate the will, honor and dignity of a person, public safety, as well as the authority of public authorities; 4) violent offenses against justice; 5) corruption and other crimes in the field of service activities of penitentiary personnel, as well as committing by convicts, that have such features as psychological and economic violence in relation to both the victim and the subject of a crime.

According to the results of the study, the following concepts were introduced into scientific circulation: «criminal-legal violence in penal institutions» and «structure of criminal-legal violence in penal institutions». Thus, criminal-legal violence in penal institutions is a form of criminal behavior of the subjects of execution (administration of penal institutions) and serving (convicts) punishments, which is manifested in the form of physical, sexual, psychological, economic violence, and infringes upon protected by the law on criminal liability social relations in the context of ensuring the normal functioning of penal institutions for the correction of convicts. In its turn, the structure of criminal-legal violence in penal institutions is a comprehensive criminal-law and criminological category, which enables, based on the norms of the law on criminal liability, criminological theory and practice (mainly the functioning of penal institutions), to group qualitatively the composition of violent crime, encroaching on various generic objects, based on the specifics of criminal-executive legal relations.