Coercion is ... Description, types and coercive measures

Coercion is a certain decline, and when a person does not want to do these or other things. Such actions, which force people to unwanted or even unacceptable for them, can be both immoral and, on the contrary, legal, that is, legal. Everything will depend on the kind and type of coercion.

What is coercion

Coercion is an act aimed at forcing a person to commit something that is undesirable to him. This concept can have both a positive and negative definition and occurs quite often. Coercion can be almost a crime, but it can also have a legal character, that is, completely legal and widely applied.

The most important is the existence of the condition of voluntariness, or rather, its absence. The person to whom coercive measures are applied should not have the desire to perform any actions and to undergo certain changes. If he voluntarily agrees to this, without depriving himself of himself, without limiting, to consider coercion, such behavior will no longer be.

Terms of compulsion

In order for this type of action to fully correspond to its nature, three conditions are necessary. The first of these is the presence of the coercive party. There must necessarily be a person or, possibly, several persons who will carry out that same coercion. For example, if this is procedural enforcement, then this may be a court or law enforcement officials.

The second condition is the existence of an object of coercion. These are, respectively, those people who undergo certain coercive measures. It is important that the actions applied to them should be taboo and there should not be any security from them. However, the condition of prohibition does not always apply when state coercion measures are applied, it is allowed by law.

And the last, the third condition - the presence of any compulsory action. That is, the coercive party compels to perform certain actions, to undergo any restrictions or deprivations, and it is precisely these deprivations that will be considered compulsory action.

Types of coercion

The general division of such a phenomenon as coercion involves the definition of two main types: mental and physical. The first of them concerns moral influence on a person, influence on his state of mind. Usually it manifests itself in the form of a threat, especially often the pressure is brought about by the promise of physical violence.

The second kind is aimed at physical coercion. Pain, harm to health, - any impact on a person, his body. Undoubtedly, these species are very generalized, they speak of the division of coercion in general, but also often distinguish such a form as state or legal, and it completely deviates from the general understanding of this phenomenon and is considered legitimate.

State coercion

Legal coercion is a very important element of the criminal justice system. In addition, this is the most common form of coercion in general, as it is legal and not prohibited, moreover, it is a common method of preventing crime. State coercion also has its own types, which are determined taking into account the industry of its operation.

The most applicable type of legal coercion is criminal. After catching the criminal it is very important to prevent negative behavior on his part. The right of coercion in this case is with the law enforcement agencies or with the court, depending on the type of measures applied.

In addition to criminal, also allocate administrative, civil-law and disciplinary compulsion. Coercion is, as you know, a tendency to something, so each of these industries obliges the person who committed the offense, which is fundamentally different from the crime, to certain actions that compensate for the negative consequences.

Measures of procedural coercion

Actions of a compulsory nature are the measures that are applied by the relevant actors, namely by law enforcement officials. All questions regarding the conditions for their implementation, methods and deadlines are fixed in the Code of Criminal Procedure of the Russian Federation, which fixes all the necessary moments to help prevent crime.

Coercive measures are divided into two groups, those aimed at preventing inappropriate actions by a person suspected of committing a crime and those that ensure the order of the proceedings in criminal proceedings, which is also of no less importance. However, special attention should be given to the first group of coercive measures.

Preventive measure. Detention

Detention is a measure of coercion, which is used by the bodies of inquiry. Usually this happens in order to deter a person who is suspected of committing a crime. It is important to remember that you can detain a citizen only for a certain period, namely forty-eight hours, which requires an early resolution of his situation.

It is after the detention that one of the measures of restraint may be chosen, if, of course, this is necessary. These include: personal bail; House arrest; pledge; Arrest, in this case home; Supervision of a person under the age of eighteen years, as well as supervision of the commander of a military unit; detention.

Each of these measures is applied only on the basis of the investigator's decision, and in some cases such, for example, as a pledge or detention on the basis of a court decision. At the same time, the deadlines are always taken into account, and any violation of the procedural aspect of the matter may entail the invalidity of a given decision, and accordingly stop the prevention of the commission of crimes in the future.

The meaning of coercion as a procedural measure

Coercion is always an important part of the criminal process, which helps to prevent the commission of crimes in the future and to prevent negative behavior on the part of suspects. Unlike coercion in general, the legal is not banned and is supported by law, which has immense significance and influence on society.

Of course, coercion in itself, like what has mental and physical pressure on a person, is a negative phenomenon. That is why the law clearly establishes the limits of the application of various measures to prevent crimes, puts the actions of law enforcement bodies in the framework and fixes the principles that determine the importance of human dignity and honor.