Chapter 6.4.

👉The table of contents so far is here.

Chapter 6: The System of Offences Law

6.4. Various correctional treatment systems -part 1-

Instead of having a penal system, communist criminal law provides various treatment systems to promote the correction and rehabilitation of offenders. These can be classified from several perspectives, but first of all, there is a distinction between treatment of persons and treatment of objects, depending on whether the target is a person or an object.

Of these, treatment of objects is only confiscation. Confiscation is a treatment that encourages rehabilitation by giving a certain admonition by taking away illegally obtained items, and confiscation is sufficient for simple theft such as shoplifting and possession of prohibited items. In addition, monetary deprivation equivalent to a fine cannot exist in a communist society where the monetary economy is abolished.

All types of treatment other than confiscation are treatment of persons. If we classify them from the perspective of the place where the treatment is carried out, they can be divided into restrictive treatment carried out in correctional facilities and non-restrictive treatment carried out in the general society. The selection depends on the need for correction, that is, the degree of progression of antisocial tendencies.

Most offenders do not have very advanced antisocial tendencies and would be eligible for non-custodial treatment. Probation is a typical example of non-custodial treatment, but community service work under probation can also be included.

Another exceptional non-custodial treatment is medical supervision, where offenders who have mental illness but do not have advanced antisocial tendencies are kept under observation while being required to undergo treatment.

In contrast, some people who need intensive correction in correctional facilities are subject to restrictive treatment. This is similar in appearance to the current imprisonment system, but since it is "treatment" and not "punishment," it is simply called "correctional treatment."

Such correctional treatment can be further subdivided depending on the characteristics of the target, such as antisocial tendencies and whether or not they have a mental illness, but this will be discussed in the next article.

By the way, there may be debate as to whether we should have a system of lethal measure as the ultimate mean for incorrigibles who cannot be corrected through normal correctional treatment. Since it is nearly impossible to scientifically or medically prove "incorrigibility," and it is difficult to operate such a system as a fair and error-free measure, the system of lethal measure is ruled out. ＊

However, for those who are found to have antisocial tendencies that are extremely difficult to correct, correctional treatment will be terminated and a system of lifelong detention will be provided in which they will be detained for life for the sake of social defense; however, as correctional science, which researches and develops correctional treatment techniques, advances, it is likely that these individuals will become extremely rare.

＊However, lethal measure shall be given to those who have systematically and led or initiated the commission of crimes against humanity such as genocide; this is an extermination measure carried out based on transnational world law with the aim of thoroughly preventing the recurrence of crimes against humanity (see again footnote in Chapter 6 (1)).

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 6.3.

👉The table of contents so far is here.

Chapter 6: The System of Offences Law 

6.3. Classification of offences

In classical criminal law, crimes are often classified according to the legal interests that are violated, such as life, body, or property, but this can also be said to be a system that corresponds to the individual correspondence between crimes and punishments that is established in advance.

However, in communist offences law, which determines treatment according to the degree of need for correction, this formal classification method based on the legal interests that are violated is not adopted. Instead, a classification based on the social nature of the offences is adopted.

As such a classification, four types can be distinguished: economic offences, offences related to daily life, offences against the person, and political offences.

Economic offences are offenses that disrupt economic order, and typical examples include production and distribution activities that violate the economic plans that are the pillars of the communist economy, and the illegal occupation of lands that become bona vacantia (ownerless) in a communist society.

Since such economic offences are often committed by organized groups, punitive measures such as forced dissolution or suspension of operations may be imposed on the organizations themselves, in addition to individual perpetrators.

Offences related to daily life are the ones that violate the peace of civic lives, and include a wide range of offences, including property offences such as theft, as well as acts that violate privacy such as trespassing, wiretapping, and voyeurism. Numerically, this category comprises the largest number of offences.

However, many offences that fall into this category are only mildly antisocial, so overall the majority of cases will require only protective treatment such as probation.

Offences against the person are the ones that violate a person's life or body, and include assault, injury, murder, and sexual offences.

In terms of the pathology of the offender, these offences are the most serious and include difficult-to-treat cases in which a severe antisocial personality trait is recognized, so they will likely occupy a central position in correctional treatment.

Political offences are special offences that undermine the political stability of society, such as insurrection or violent sabotage. As the means by which they are committed are any of the three offences listed above, they usually constitute a complex offence.

Offenders in this category often harbor specific ideologies, beliefs, or faith, but they are not guaranteed the special status of so-called "prisoner of conscience," and are given correctional treatment as complex offenders.

👉The papers published on this blog are meant to expand upon my On Communism.