Kachalov V.I. The Methods of Correcting a Sentence When Executed by the Court

DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.18

Viktor I. Kachalov, Candidate of Juridical Sciences, Associate Professor, Professor, Department of Criminal Procedure Law, Russian State University of Justice of N.V. Radutnaya, Novocheremushkinskaya St., 69, 117418 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the court performing its criminal procedure activities in the execution of a sentence through the judicial control, corrects the legally effective sentence. The court may not interfere in the gist of the legally effective sentence. The correction of the sentence can only involve partial changes, alterations, amendments, clarifications, and filling of the court decision entered into legal force. Only those provisions that do not affect the gist of the sentence and do not affect its legality, validity and justice may be subject to the change, quashing, or reprieve. The methods of correcting the sentence take on particular significance; in this connection, the author sets the purpose of determining the methods of correcting the sentence by the court and their scientific classification. Methods: the methodological framework for this study is a set of scientific methods, among which the main place is occupied by Aristotelian method, the methods of analysis and synthesis. Results: based on the analysis of the criminal procedure rules and the practice of their application there were determined the methods of correcting the sentence in its execution by the court, proposed a scientific classification of these methods based on different grounds. Conclusions: the result of the study proved that the types of corrections of the sentence can be its partial changes, quashing, reprieve, as well as its partial correction, amendment, clarification and filling. Each of these methods constitutes its own system of actions, used only in the execution of a particular type of punishment. All the methods of correcting the sentence can be divided into several groups, based on such criteria as the nature of the action of the court, the sector specific gist, the relationship with the behavior of the convict, the degree of impact on the sentence.

Key words: correction of a sentence, methods of corrections, execution of a sentence, quashing of a sentence, reprieve of a sentence, the change of conditions of serving a sentence.

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