The concept of the punishment

Punishment is the authoritative imposition of something undesirable or unpleasant upon an individual or group, in response to behavior that an authority deems unacceptable or a violation of some norm. The unpleasant imposition may include a fine, penalty, or confinement, or be the removal or denial of something pleasant or desirable. The individual may be a person, or even an animal. The authority may be either a group or a single person, and punishment may be carried out formally under a system of law or informally in other kinds of social settings such as within a family. Negative consequences that are not authorized or that are administered without a breach of rules are not considered to be punishment as defined here. The study and practice of the punishment of crimes, particularly as it applies to imprisonment, is called penology, or, often in modern texts, corrections; in this context, the punishment process is euphemistically called "correctional process". Research into punishment often includes similar research into prevention.

Fundamental justifications for punishment include: retribution, deterrence, rehabilitation, and incapacitations. The last could include such measures as isolation, in order to prevent the wrongdoer's having contact with potential victims, or the removal of a hand in order to make theft more difficult. Of the four justifications, only retribution is part of the definition of punishment and none of the other justifications is a guaranteed outcome, aside from obvious exceptions such as an executed man being incapacitated with regard to further crimes. If only some of the conditions included in the definition of punishment are present, descriptions other than "punishment" may be considered more accurate. Inflicting something negative, or unpleasant, on a person or animal, without authority is considered spite or revenge rather than punishment. In addition, the word "punishment" is used as a metaphor, as when a boxer experiences "punishment" during a fight. In other situations, breaking a rule may be rewarded, and so receiving such a reward naturally does not constitute punishment. Finally the condition of breaking (or breaching) the rules must be satisfied for consequences to be considered punishment. Punishments differ in their degree of severity, and may include sanctions such as reprimands, deprivations of privileges or liberty, fines, incarcerations, ostracism, the infliction of pain, amputation and the death penalty. Corporal punishment refers to punishments in which pain is intended to be inflicted upon the transgressor. Punishments may be judged as fair or unfair in terms of their degree of reciprocity and proportionality. Punishment can be an integral part of socialization, and punishing unwanted behavior is often part of a system of pedagogy or behavioral modification which also includes rewards.

Punishments are applied for various purposes, most generally, to encourage and enforce proper behavior as defined by society or family. Criminals are punished judicially, by fines, corporal punishment or custodial sentences such as prison; detainees risk further punishments for breaches of internal rules. Children, pupils and other trainees may be punished by their educators or instructors (mainly parents, guardians, or teachers, tutors and coaches) — see Child discipline. Slaves, domestic and other servants used to be punishable by their masters. Employees can still be subject to a contractual form of fine or demotion. Most hierarchical organizations, such as military and police forces, or even churches, still apply quite rigid internal discipline, even with a judicial system of their own (court martial, canonical courts). Punishment may also be applied on moral, especially religious, grounds, as in penance (which is voluntary) or imposed in a theocracy with a religious police (as in a strict Islamic state like Iran or under the Taliban) or (though not a true theocracy) by Inquisition. A principle often mentioned with respect to the degree of punishment to be meted out is that the punishment should match the crime.

The aim is to deter everyone in the community from committing offences.

Punishment shall be a measure of state coercion which is appointed pursuant to a court's sentence. Punishment shall apply to a person who was found guilty in the commission of a crime, and it shall consist of imprisonment or restriction of the rights and freedoms of that person which are stipulated by the Criminal Code.

Punishment shall apply for the purpose of restoration of social justice, as well as correction of a given convict, and prevention of the commission of new crimes both by that convict and by other persons.

The Criminal Code of the Republic of Kazakhstan provides the following types of punishment:

a) a fine;

b) deprivation of the right to hold a certain office, or to engage in certain activity;

c) engagement in public works;

d) correctional labour;

e) restriction in military service;

f) restriction of freedom;

g) arrest;

h) detention in a disciplinary military unit;

i) deprivation of freedom;

j) capital punishment.

Aside from main types of punishment, convicts may be subjected to the following additional types of punishment:

a) deprivation of a special, military, or honorary rank, class rank, diplomatic rank, or qualification class, and state awards;

b) confiscation of property.

A fine and deprivation of the right to hold a certain position, or to engage in a certain type of activity and attraction to public labour, may be applied either as principal or additional types of punishment.

Дата добавления: 2014-10-17