1. The purposes of punishment
Any reasonable human action have to pursue a specific goal, otherwise you can call it meaningless. The objectives largely determine the ways, methods and means of achieving them. These provisions relate entirely to the objectives of criminal penalties, which have a strong, often a determining influence on all the criminal law. So, if the main objective of punishment - retribution declare, the wages of crime, respectively, the most popular sanction should be the death penalty. Wither away as useless institutions such as probation, prescription of criminal liability, exemption from criminal liability and punishment, and so on. The main objectives of penalties in domestic criminal law are restoration of the social justice, as well as the correction of the convict and the prevention of new crimes convicts (special prevention) and other persons (general prevention).
2. Restoration of social justice.
It is carried out in relation to both society at large and to the victim in particular: the state partially reimburses the damage caused by fine, confiscation of property, correctional labor, etc .; citizens are convinced that the public authorities are able to punish the perpetrator and punish him according to the law on the basis of rational and socio-psychological reasons, ie. e. considering the beginning of the effectiveness, proportionality, humanity. With regard to social justice, the victim recovered by protecting the legitimate interests and rights violated by crime. Realizing this goal, the penalty should ensure opportunity and compensation for damages, and - to the extent possible - provided the proportionality of deprivation or restriction of the rights and freedoms of the convicted person suffering victim.
3. Special prevention.
Her destination is a person convicted of a crime. The fact of the crime indicates a criminogenic personality traits and character of the offender, which means that the probability of his committing further crimes in the future. It is understood that the State can not apply to such a situation is indifferent. It seeks to remedy the offender, to the replacement of negative attitudes to positive identity of the offender. Thus, the purpose of punishment is a correction of the convict, his education as a noncriminals, t. E. The person is not committing a crime at least out of fear of punishment.
4. The total prevention.
This is to prevent the commission of crimes by other persons. The fact is that among the law-abiding citizens is required to have such a category of persons who, although command of the administrative, disciplinary, simply immoral act and the ability to demonstrate the ability to perform well and the offense. In the case of publicity of trials, the availability to the public of sentences, testifying to the inevitability of punishment, such persons may not once think before you pick up a knife or a master key.
5. Retaliation.
This goal is inherent in any punishment. In fact, the essence of any punishment is deprivation or restriction of rights, t. E. Changing the usual conditions of existence in the direction of tightening. This transition is a necessity of suffering, a feeling of the come retaliation. Thus, the element of punishment necessarily inherent to criminal punishment. The doctrine of national criminal law determines that the car, however, is not an end in itself, but a means of achieving the goal of correction condemned through intimidation. Unfortunately, not always the criminal law has consistently adhered to the principle, as evidenced by the presence in the Criminal Code of the type of punishment as the death penalty. Clearly, in this case, comes to the fore the purpose of retribution for the crime, and the correction, of course, it does not go.
