ON PERSONALITY MANIFESTATION IN THE SYSTEM OF CRIMINAL PUNISHMENT INDIVIDUALIZATION CRITERIA
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178140Abstract
Abstract. In the offered article the identity of the guilty person and the manifestation in crime, behavior prior to, in time and after its commission is investigated. It is emphasized that if the basis of assignment of punishment is commission of crime, then the identity of the convict acts as the main and central criterion of its individualization. Authors pay attention that in a number of the European states (Austria, Switzerland, Germany, etc.) to accounting of the circumstances characterizing the personality guilty of crime when electing a measure of punishment attaches more essential significance in comparison with CC of the Russian Federation. A conclusion it is that further improvement of legislative regulation and
practice of punishment implementation and especially other measures of criminal liability assumes increase in a role of the data characterizing the identity of the guilty person in the system of individualization criteria which penetrate, give specifics and originality to all these criteria.
Keywords: responsibility; criminal penalty; assignment of punishment; criteria; identity of the guilty person; crime; punishment individualization criteria; degree of public danger of crime; the mitigating circumstances; the aggravating circumstances.
References
Kruglikov L.L. Criminal law of Russia. General / Chief editor L.L. Kruglikov. - 3rd ed., rev. and comp. - M.:
Avenue, 2012. Page 403.
Veliyev S.A., Savenkov A.V. Individualization of criminal penalty. 2 nd ed. - M.: KRASNAD, 2010. Page 17-18.
The Criminal Code of the Federal Republic of Germany. - URL: law.edu.ru/norm/norm.asp?normID=1242733
The Criminal Code of Switzerland. - URL: <http://law.edu.ru/norm/norm.asp?normID=1241950>
The Criminal Code of Austria. - URL: <http://www.crimpravo.ru>
Levasseur G., Chavanne A., Montreuil J. Droit penal et procedure penal. Paris, 1988. P. 278.
Ashworth A. Principles of Crminal Law. 4th ed. Oxford, 2003. P.21.
Lackner K., Kehl K. Strafgesetzbuch mit Erlaeterungen. 23 Auflage. Muenchen, 1999. § 61.
Kuznetsova N.F. Crime and crime. - M.: Moskovsk publishing house. Univ., 1969. Page 73-74.
Novoselov G.P. Criteria of definition by court of a measure of criminal penalty//Autoref. Law Sci. - Sverdlovsk,
Page 11.
Milyukov S. F. Criminal-legal value of the criminological characteristic of the criminal: autoref. Law Sci. Thesis. -
M, 1980. Page 19.
Novoselov G.P. Value of the actual criteria for definition of a specific measure of punishment//Problems of the
law, socialist statehood and social management. Sverdlovsk, 1978. Page 102.
Downloads
Issue
Section
License
Authors who publish with this journal agree to the following terms:
1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
