To a question of duration of a trial period in suspended condemnation

Abstract

Determination of the sizes of a trial period at suspended condemnation causes many difficulties in the court. It is difficult to underestimate the value of a trial period in reformation of the convict. Its essence is that the time during which he has to prove the reformation is provided to the convict, and its feature is the possibility of real departure of punishment in a case of violation of the duties established by the court. The penalty of suspended condemnation is expressed in duration of a trial period and in the duties assigned to the convict by the court. According to the legislation, duration of a trial period depends on the personality guilty of commission of a crime. The analysis of jurisprudence shows that the persons who have committed crimes of small or average weight have to prove the reformation much longer, than the term of the imposed sentence, and the persons who have committed more serious crimes in the less short terms have to prove the reformation. Excessively the short trial periods lead to the fact that to the convict unreasonable softness from the state is shown. It involves impossibility of achievement of the objectives of criminal penalty and even if the objectives are achieved, they don't receive the due fixing in behavior of the person that leads subsequently to the repeated commission of crimes. In the present article the influence of a type of the imposed sentence and its size on duration of a trial period at suspended condemnation is investigated.