Problems of cumulative punishment assignment by means of accumulative sentencing

Описание

Тип публикации: статья из журнала

Год издания: 2014

Ключевые слова: Criminal law, Criminal law criminology, Criminal law policy, Cumulative punishment assignment, Punishment assignment effectiveness

Аннотация: One of current practical problems is determination of type and amount of penalty assigned accumulatively in terms of criminal law reforming. Differentiation and individualization of cumulative punishment is a big problem. Choice of final cumulative punishment assignment rules depends on judicial discretion and refers to punishment Показать полностьюindividualization. Enactment of Plenum of Supreme Court of Russian Federation No. 40 on Criminal punishment assignment court practice dated 11 June 1999 is studied in order to clarify. The abovementioned Enactment provides cumulative punishment assignment issues solution as follows: absorption of less severe punishment by more severe, complete or partial cumulative sentence according to social danger level, personality of the offender, leniency and aggravation. The Enactment is analysed comparing to Enactment No. 2 on on Criminal punishment assignment court practice in Russian Federation dated 11 Jan 2007. The latter proves necessary to assign punishment individually The authors conclude understanding partial cumulative sentence, they study mechanism of partial cumulative sentence for different cumulative crimes. Authors also study different approaches to partial cumulative sentence by combination of merger and accumulation, accumulation of certain part of sentence while merger its unaccumulated part. The author state that unaccumulated part of sentence assigned for one of cumulative crimes will remain unaccumulated part of sentence. Yet it can not be considered mergered by final sentence. In case of appeal, cassational appeal or regulatory inspection of assigned sentence the unaccumulated part of sentence will have its legal effect that might help determine legalness and justness of court decision.

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Издание

Журнал: Criminology Journal of Baikal National University of Economics and Law

Выпуск журнала: Is. 2

Номера страниц: 105-115

Авторы

  • Tarbagaev A.N. (Siberian Federal University, Krasnoyarsk, Russian Federation)
  • Letnikov J.S. (Siberian Federal University, Krasnoyarsk, Russian Federation)

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