ABOUT MANIFESTATION OF THE PERSONALITY IN THE SYSTEM OF CRITERIA OF INDIVIDUALIZATION OF CRIMINAL PUNISHMENT
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178191Abstract
Abstract. The proposed paper examines the identity of the perpetrator and its manifestations in crime, behavior before, during and after its commission. It is emphasized that if the reason for sentencing is the commission of a crime, then the main and central criterion of its individualization is the identity of the convicted person. The authors draw attention to the fact that in a number of European countries (Austria, Switzerland, Germany, and others), the circumstances characterizing the identity of the perpetrator, when choosing the punishment measure, are given more significant importance than in the Criminal Code of the Russian Federation. It substantiates the conclusion that further improvement of legislative regulation and the practice of applying punishment and especially other measures of criminal responsibility implies an increase in the role of data characterizing the identity of the perpetrator in the system of criteria for their individualization, which permeate, give specificity and originality to all these criteria.
Key words: responsibility; criminal penalty; sentencing; criteria; identity of the perpetrator; crime; criteria for punishment individualization; degree of public danger of crime; extenuating circumstances; aggravating circumstances.
References
Kruglikov L.L. Criminal Law of Russia. General Part / Ed. by L.L. Kruglikov. - 3rd ed., updated and revised. -
M.: Prospekt, 2012. P. 403.
Veliyev S.A., Savenkov A.V. Individualization of Criminal Punishment. 2th edition. - M.: KRASNAD, 2010.
P. 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. 4 th ed. Oxford, 2003. P.21.
Lackner K., Kehl K. Strafgesetzbuch mit Erlaeterungen. 23 Auflage. Muenchen, 1999. § 61.
Kuznetsova N.F. Crime and Criminality. – М.: Publishing House of the Moscow University, 1969. P. 73-74.
Novoselov G.P. Criteria for Determining the Criminal Punishment by the Court // Abstract of a Thesis of the
Candidate of Legal Sciences. – Sverdlovsk, 1981. P. 11.
Milyukov S.F. Criminal and Legal Value of the Criminological Fatures of the Offender: Abstract of a Thesis
of the Candidate of Legal Sciences. - М., 1980. P. 19.
Novoselov G.P. The Value of Actual Criteria for Determining the Specific Punishment // Problems of Law,
Socialist Statehood and Social Management. Sverdlovsk, 1978. P. 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).
