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Fictions in Criminal Policy
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Fictions in Criminal Policy
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.018
Publication type
Article
Status
Published
Authors
Mikhail Babayev 
ORCID: 0000-0003-1656-2529
Occupation: Chief Researcher
Affiliation: National Research Institute, Ministry of Internal Affairs of the Russian Federation
Address: Moscow, Russia
Yuri E. Pudovochkin
ORCID: 0000-0003-1100-9310
Occupation: Professor at the Department of Criminal Law
Affiliation: Kutafin Moscow State Law University
Address: Moscow, Russia
Edition
Volume 27 No. 2
Pages
72-87
Abstract

Criminal policy in its theoretical support and implementation practice is based on a holistic set of doctrinal ideas that differ significantly in terms of their convincing evidence and truth. Among such judgments, fictions occupy a special place as false theses in their content, which nevertheless play an important role in streamlining politics and overcoming its uncertainty. Meanwhile, fictions in criminal policy have not yet been subjected to special analysis, which indicates that there is a significant theoretical gap that needs to be filled.

The objectives of the research are to determine the concept and types of criminal-political fictions based on the application of modern methods of scientific cognition (analytical, prognostic, typologization), to reveal their content, to show the impact on the formation and development of criminal policy.

Based on the results of the analysis, it was found that fictions as false judgments can be justified only if they fulfill the creative function of reducing the scale of uncertainty in the process of making and implementing criminal and political decisions. However, in some situations, fiction turns out to be dysfunctional, which reduces it to the level of erroneous maxims (banal lies), which nevertheless, due to habit or tradition, remains in the arsenal of criminal and political science and practice. The identification and exposure of such fictions (for example, statements about the crisis of criminal policy or the ability to measure the effectiveness of punishment with data on the dynamics of crime) is an important research task. Such negative fictions significantly distort the content and directions of criminal policy, hinder the development of criminal and political science, and therefore should be eliminated from professional discourse.

Keywords
criminal policy, criminal political science, fictions in law, false constructions in science, fictions of criminal policy
Date of publication
20.02.2023
Number of purchasers
12
Views
160
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0.0 (0 votes)
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Additional sources and materials

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