Deprivation of Freedom

Deprivation of Freedom


a type of criminal punishment consisting in the compulsory isolation of the criminal from society. It is served in special places of confinement designated by the state for this purpose. Under Soviet criminal law, deprivation of freedom may be assigned only by a court judgment for a person guilty of committing a crime for a term of three months to ten years and, in certain cases provided for by law, for a term of not more than 15 years (a person who has not attained the age of 18 before the commission of a crime may not be deprived of freedom for more than ten years).

Deprivation of freedom involves restriction of the rights of convicted persons in accordance with the court judgment and the conditions for serving the particular type of punishment (for example, prisoners are deprived of freedom of movement). As a rule, the court judgment imposing deprivation of freedom is served in a correctional labor colony (minors are sent to educational-labor colonies). Deprivation of freedom in the form of imprisonment may be assigned for especially dangerous recidivists or persons who after attaining the age of 18 committed especially dangerous state crimes or other grave crimes and were sentenced to terms of more than five years.

The laws of other socialist countries establish punishment in the form of deprivation of freedom on the same principles as Soviet law. The laws of the socialist states establish maximum terms of deprivation of freedom (for example, in Bulgaria, Hungary, the German Democratic Republic, Poland, and Czechoslovakia the maximum is 15 years; in a few cases, indicated by law, it is 20 years), the grounds for its application, and the procedure for serving deprivation of freedom. Deprivation of freedom is assigned by a court, generally for grave crimes and also for malicious recidivists.

The laws of most bourgeois countries provide for deprivation of freedom in its several forms (imprisonment, arrest) as a measure of punishment. Bourgeois law typically establishes long terms of deprivation of freedom, including indeterminate confinement (for example, indeterminate confinement in France, life imprisonment in the United States). Such long terms of deprivation of freedom correspond to the purpose of punishment in the bourgeois states—the infliction of physical and moral suffering on the convicted person. Although the bourgeois states formally proclaim the principle of the equality of all citizens before the law, special conditions of deprivation of freedom are applied for convicted persons from the ruling class. For example, in the United States there is the “honor system,” whereby prisoners are sent to special open places of imprisonment with mitigated conditions.

References in periodicals archive ?
The longer the deprivation of freedom lasts, like one long solitary and degrading year, the more the infringement of the Constitution worsens, and the more the affront to the nation aggravates,' he added.
Yet in myriad ways poverty challenges us daily, in faces marked by suffering, marginalization, oppression, violence, torture and imprisonment, war, deprivation of freedom and dignity, ignorance and illiteracy, medical emergencies and shortage of work, trafficking and slavery, exile, extreme poverty and forced migration.
While the sanction would still entail deprivation of freedom, it paves the way, however, for convicts'reintegration into society.
According to the Rome Statute which governs the International Criminal Court: "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorisation, support or acquiescence of, a State or a political organisation, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
The men face charges of kidnap, deprivation of freedom, rape with the use of force, threats, assault, and forcible theft.
The disputed points provide for the sanctions of the election offenses and more particularly on the deprivation of freedom.
Upon arrival, he was detained and charged with organizing a criminal group, illegal possession of drugs and weapons, violence against public officials, kidnapping, robbery, and unlawful deprivation of freedom.
He added that the measure of the deprivation of freedom should not be implemented before a conviction, but even in the case of a conviction, it must be the ultimate measure to be imposed only in extreme case.
At internal level, the state's liability for the damages determined by the judicial errors in the criminal domain is provided not only in the fundamental law but, expressly, in the Criminal Procedure Code, in Title IV, Chapter VI, named "The Procedure of remedying the material damage or moral prejudice in case of judicial error or in case of unlawful deprivation of freedom or in other cases," in articles 538-541.
The penalty shall be doubled if the crime is repeated, and the court of jurisdiction will have the right to rule an alternative punishment for those penalties that involve deprivation of freedom.
A: The sectarian cleansing has many forms, starting from assassinations, to car bombs, to the confiscation of property, displacement, deprivation of freedom, torture, rape, kidnapping, vandalizing of holy sites, verbal attacks, raids, pressure and intimidation.
nickname Master) of power abuse, illicit deprivation of freedom and organizing tortures.