The theorem of the appointment of criminal punishment according to the rule of the modernized lever and the accompanying theorems of the criminal process
Автор: Olkov Sergey Gennadevich
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Уголовное право и криминология
Статья в выпуске: 1 (47) т.13, 2022 года.
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Introduction: the purpose of the article is to derive a general formula for sentencing in criminal cases, taking into account mitigating and aggravating circumstances, and to prove a number of useful preliminary theorems of the criminal process accompanying it. Materials and Methods: criminal legislation and criminal procedure legislation were the material of the study. The author used mathematical analysis such as: differential and integral calculus and formal logic. Results: 1) a general formula for the appointment of criminal punishment has been obtained: 2) proved: a) the theorem of assigning criminal punishment without taking into account and taking into account mitigating and aggravating circumstances; b) the theorem of the formula of criminal punishment taking into account mitigating and aggravating circumstances according to the rule of the modernized lever.
Criminal process, criminal law, crime, punishment, criminal liability, court, conviction with sentencing, fulcrum, lever, scope of sanctions, aggravating circumstances, mitigating circumstances, murder, theft, imprisonment
Короткий адрес: https://sciup.org/142234318
IDR: 142234318