НАЯВНІСТЬ ПЕРЕШКОД ДО ВІДБУВАННЯ ПОКАРАННЯ, ЯК КРИМІНАЛЬНО-ПРАВОВА ОЗНАКА В КОНТЕКСТІ ЗВІЛЬНЕННЯ ВІД ПОКАРАННЯ ЗА ХВОРОБОЮ

Abstract

This article analyzes and investigates the grounds, conditions and circumstances which can be considered by the court as a mandatory criminal law feature one of which is the existence of obstacles to serving a sentence of imprisonment when considering release from punishment in connection with another serious illness. It is proved that in case of impossibility to conduct a medical examination or provide medical care, such a circumstance should be taken into account by the court as a factor preventing the serving of a sentence of imprisonment. Exemption from punishment due to illness is a certain activity, the result of which is a decision of the court to release or refuse to release a particular convict. In order for the court to make an informed decision, scientists and the legislator have identified several mandatory criminal law features, including circumstances that prevent the serving of sentences, which include such an obstacle to serving a sentence in case of a serious illness of the convict. This article for the first time analyzes the previously unselected grounds, conditions and circumstances that must be considered by the court as a mandatory criminal legal sign of release from punishment in connection with another serious illness, including an obstacle to serving a sentence in case of serious illness. Analysis of the conditions and procedure for keeping convicts in ordinary (nonmedical) correctional facilities allows us to conclude that a serious illness prevents the implementation of punitive measures in institutions not intended for the use of medical measures (therapeutic effects). This conclusion generally applies to punishment in the form of arrest, during which the convict is also in conditions of severe isolation from society.