Differentiation and individualization of criminal liability and punishment of accomplices to a crime

Автор: Ivanova L.V., Shesler A.V.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 8, 2023 года.

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When a crime is jointly committed by several persons, the limits of criminal liability of accomplices of the crime are determined by the differentiation of responsibility and punishment enshrined in the criminal law and the individualization carried out by the court. Differentiation of criminal liability and punishment of accomplices is manifested through the constructive features of the corpus delicti, as well as through qualified corpus delicti. Moreover, the same feature can have different criminal law significance. It is justified that the signs of corpus delicti that form a new sanction determine the nature of the public danger of the crime and reflect the differentiation of responsibility and punishment. Other circumstances of committing a crime constitute the degree of public danger and affect the individualization of responsibility and punishment. The more complete and clear the criminal law norms are, the less judicial discretion in choosing the measure of punishment in a particular case. Controversial legislative provisions enshrining criminal liability of accomplices to a crime are presented.

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Differentiation, individualization, criminal liability, punishment, complicity, accomplice, corpus delicti, group

Короткий адрес: https://sciup.org/149143948

IDR: 149143948   |   DOI: 10.24158/tipor.2023.8.23

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