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 detained senator then condemned Ressa's arrest for being a clear deprivation of freedom of the media and an attempt to silence people who expose wrongdoings of the government.
Besides, in 2004, a criminal probe was launched against Bakirov on such charges as kidnapping, robbery, extortion, unlawful deprivation of freedom. Bakirov denied all charges.
Each day, the children going to school have to pass through Indian military check posts, where they are checked physically, intimidated frequently or at least have to listen humiliating remarks of security personnel like 'Still you want freedom?' 'You want to go Pakistan?' Apart from deprivation of freedom, there is no equality for the Kashmiri Muslims with people of other religions even in their own state.
The Court of First Instance found him guilty of charges of kidnap, unlawful deprivation of freedom, fraud and embezzlement and forgery and ordered his deportation upon completion of his jail sentence.
The deprivation of freedom of every person and, especially of a single-parent of a young child, constitutes restrictions of the most fundamental human right of personal freedom and can be justified only in exhaustively defined circumstances that were not present in the current case, it said.
Amman, Sha'ban 14, 1439, Apr 30, 2018, SPA -- The 3rd meeting of the Saudi-Jordanian committee on handling transfer of those sentenced to deprivation of freedom (custodial sanctions) to their countries, began here today.
He said subjugation and deprivation of freedom were the greatest blight, adding all will have to protect freedom together.The CJP said freedom could be protected through principle and struggle and not with empty slogans.
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.
The "increase in the number of prisons means a rise in the deprivation of freedom" in Egypt, ANHRI reports.
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.'