Sanctions and Punishments for Crimes against the Person in the Criminal Code of France Cover Image

Санкции и наказания за преступления против личности по Уголовному кодексу Франции
Sanctions and Punishments for Crimes against the Person in the Criminal Code of France

Author(s): Farhad Batuevich Muljukov, Artur Gasanguseynovich Ibragimov
Subject(s): Criminal Law, Criminology, Penology, Sociology of Law
Published by: Казанский (Приволжский) федеральный университет
Keywords: Criminal Code; France; personality; state; crimes; responsibility; punishment; sanctions and their types; legal entity;

Summary/Abstract: The norms of the Criminal Code of France establishing penalties for crimes and misconduct against the person were compared with similar norms in the criminal law of some other states (Holland, Lithuania, Moldova, German Federal Republic, Sweden, Estonia, and Japan). Different types of sanctions were investigated. The analysis demonstrates that the Criminal Code of France prescribes heavier penalties for murder (in the form of imprisonment for a certain period) and penalizes legal entities for certain crimes against the person in contrast to the Criminal Code of the Russian Federation. The following suggestions were made: to include another goal of punishment in the Criminal Code of the Russian Federation – re-socialization of the convicted person to prevent them from committing new crimes; to emulate the experiences of the criminal law of France and some modern foreign countries; to include defamation into the list of crime elements provided in the Criminal Code of the Russian Federation in order to fully protect the privacy, honor, and dignity of a person. The study also substantiates the proposals to recognize legal entities as the subjects of certain crimes against the person in the criminal law of Russia, following the example of foreign states. It was also argued that the fine amount should be a fixed amount of money (as in France and some other states) rather than a multiple of the minimum monthly wage established by the Russian federal law.

  • Issue Year: 162/2020
  • Issue No: 2
  • Page Range: 201-213
  • Page Count: 13
  • Language: Russian