Topical issues of the limits of judicial discretion in sentencing for murder

Автор: Avdeeva Ekaterina Vadimovna, Aksenov Alexey Nikolayevich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 3 (40), 2019 года.

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Purpose: Analsysis of problematic issues of the sentecing for crimes related to the murder by the court of first instance. Methodology: Legalistic, comparative and statistical methods were used in this paper, as well as systematic approach. Results: The materials of judicial practice were studied, the most common causes of supervisory and cassation complaints were identified, related to the imposing of restraint and imprisonment. Novelty/originality/value: The conclusions are formulated on the most common violations related to the limits of judicial discretion. Among the procedural violations, there is a discrepancy between the imposed type and amount of the main and additional punishments and the criminal law rules, as well as non-compliance with the rules of the legal enforcement of techniques, including when drafting the descriptive and explanatory parts of the court sentence.


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IDR: 140244630

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