Punish ability and Punishment for Careless Transport Crimes
Abstract
The main purpose of this study is to analyze the system of punishment for transport crimes and make proposals for its improvement. According to the Concept of the Legal Policy of Kazakhstan for the period from 2010 to 2020, the Criminal Code 2014 should continue the policy of humanization of responsibility for persons who have committed careless crimes, including transport crimes, to expand the scope of application of criminal penalties not related to imprisonment, establishing the proportionality of punishment in the sanctions of articles of the Criminal Code, etc. However, these guidelines have not been fully implemented. The analyses of the road traffic criminal infractions system showed that legislators made some mistakes. The study points out that the sanctions of articles of the system are excessively overstated or unreasonably understated or have unjustifiably large intervals between the upper and lower limits, and therefore do not fully correspond to the nature and degree of social danger of these crimes. In this regard, the authors formulated proposals for improvement of the system of punishment for transport criminal infractions: to reduce the term of punishment in the form of imprisonment for transport crimes provided by Art. 344, 345, 346, 358, 360 of the Criminal Code from ten years down to seven or eight years; to expand the sanctions of the relevant articles by including penalties not related to imprisonment - fine, corrective labor, restriction of liberty, to amend Art. 46 of the Criminal Code. To solve this problem, the study used theoretical and empirical scientific methods: theory, analysis, deduction and synthesis, research and measurement, experiment, as well as historical, logical, comparative-historical, retrospective and statistical methods.
References
[2] Bakishev, K. 2012. O normativnom postanovlenii verkhovnogo suda Respubliki Kazakhstan ‘O praktike primeneniya sudami ugolovnogo zakonodatel'stava po delam o prestupleniyakh, svyazannykh s narusheniyem pravil dorozhnogo dvizheniya i ekspluatatzii transportnykh sredstv’ [On Normative Decree of the Supreme Court of Kazakhstan ‘On the practice of using criminal legislation on crimes related to the violation of the rules of road traffic and operating of vehicles’]. Rossiyski sudja, 9: 17-21.
[3] Buchner, D. Scale of sentence severity. Journal of Criminal Law and Criminology, 70 (2): 182-187.
[4] Chuchaev, A.I. 1989. Problema nakazaniya za neostorozhnyye prestupleniya [The problem of punishment for careless crimes]. Problems of criminal legal struggle against crime. Мoscow, 68-71.
[5] Carbonnier J. 1958. Effectivite et ineffectivite de le regie de droit L'annee Sociologique Troisieme sefie (1957—1958). Presses universitaires de France. Paris, 6-7.
[6] Cragg, W. The practice of punishment: towards a theory of restorative justice. New York, NY: Routledge.
[7] Dagel, P.S. 1977. Neostorozhnost'. Ugolovno-pravovyye i kriminologicheskiye problem [Carelessness. Criminal law and criminological problems]. Moscow: Yuridicheskaya literatura, 144.
[8] Giddens, T. 2015. Criminal Responsibility and the Living Self. Criminal Law and Philosophy, 9: 189–206.
[9] Husak, D. 2011. Negligence, Belief, Blame and Criminal Liability: The Special Case of Forgetting. Criminal Law and Philosophy, 5:199–218
[10] Karpec, I.I. 1973. Nakazaniye. Sotsial'nyye, pravovyye i kriminologicheskiye problemy. [Punishment. Social, Legal, and criminological problems]. Мoscow: Yuridicheskaya literatura, 285.
[11] Korobeev, А.I. 2003. Transportnie prestuplenija [Transport crimes]. Saint Petersburg: Juridichesky Сentr Press, 265.
[12] Khokhryakov, G.F. Kriminologia [Criminology]. Moscow: Jurist, 462.
[13] Kvashis, V.E. 1986. Prestupnaya neostorozhnost'. Sotsial'no-pravovyye i kriminologicheskiye problemy [Criminal negligence. Socio-legal and criminological problems]. Vladivostok, 189.
[14] Kursaev, A.V. 2015. Preduprezhdenie neostorozhnyh presuplenij i mery ugolovnoj repressii [Prevention of careless crimes and criminal repression measures]. Vestnik Moskovskogo universiteta MVD Rossii, 5:72-75.
[15] Levy, N. 2012. Skepticism and sanction. Law and Philosophy, 31: 477–493.
[16] Marx, K. 2014. Smertnaya kazn' [The death penalty]. Marx К. and Engels F. Collected works. Vol. 8. Moscow: Direct-Media, 530.
[17] Moore, M., Hurd, H. 2011. Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence. Criminal Law and Philosophy, 5:147–198.
[18] Rossi, P.H., Berk, R.A., Campbell, A. 1997. Just Punishments: Guideline Sentences and Normative Consensus. Journal of Quantitative Criminology, 13 (3): 267-290.
[19] Shiff, M. 1997. Gauging the Intensity of Criminal Sanctions: Developing the Criminal Punishment Severity Scale (CPSS). Criminal Justice Review, 22 (2): 175-206.
[20] Simons, K. 2011. When is Negligent Inadvertence Culpable? Introduction to Symposium, Negligence in Criminal Law and Morality. Criminal Law and Philosophy, 5:97–114.
[21] Tagantsev, N.S. 1878. Kurs russkogo ugolovnogo prava. Chast' Obshchaya [The course of Russian criminal law. General Part]. Saint Petersburg, 469.
[22] Zatz, M., Hagan, J. 1985. Crime, Time, and Punishment: An Exploration of Selection Bias in Sentencing Research. Journal of Quantitative Criminology, 1 (1): 103-126.
[23] On some issues of imposition of criminal punishment. The Normative Decree of the Supreme Court of Kazakhstan dated June 25, 2015. Available at: http://adilet.zan.kz/rus/docs/P150000004S.
[24] On the practice of using criminal legislation on crimes related to the violation of the rules of road traffic and operating vehicles. The Normative Decree of the Supreme Court of Kazakhstan dated June 29, 2011. Available at: http://adilet.zan.kz/rus/docs/P110000003S.
[25] On the Conception of Legal Policy of Kazakhstan for the period from 2010 to 2020 dated 24 August 2009. Available at: http://adilet.zan.kz/eng/docs/U090000858.
[26] On the road accidents ended in deaths or injuries. The report of the Committee of Legal Statistics and Special Data under the General Prosecutor Office of Kazakhstan. Available at: http://service.pravstat.Kz/portal/page/portal/POPageGroup/Services/Pravstat.
[27] Archive of the court of Kazybek bi district. City of Karaganda for 2018. Criminal case № 3511-18-00-1/215.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.