The general beginning of sentencing
Автор: Melyukhanova Ye.Ye.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 2 (37), 2023 года.
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The article examines the general principles of sentencing. The author points out the presence of defects in the current criminal legislation regarding the regulation of the general principles of sentencing. According to the author, taking into account the nature and degree of public danger of a crime (act) is the most obvious and reasonable requirement for sentencing. Since the nature and degree of public danger of a crime are the criteria for categorizing crimes in accordance with Article 15 of the Criminal Code of the Russian Federation, therefore, the punishment must correspond to the category of crime. In conclusion, the author comes to the conclusion that the general principle of sentencing should be formulated in the law as follows: a person found guilty of committing a crime is sentenced according to the nature and degree of public danger of the crime, that is, corresponding to the category of the crime, and the circumstances characterizing the identity of the perpetrator, which are directly related to the crime committed by him.
Criminal law, criminal punishment, appointment of criminal punishment, general principles of sentencing, rules of sentencing
Короткий адрес: https://sciup.org/14127106
IDR: 14127106 | DOI: 10.47475/2311-696X-2023-10213