ЗАРУБІЖНЕ ЗАКОНОДАВСТВО ПРО ЗВІЛЬНЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ ВАГІТНИХ ЖІНОК І ЖІНОК, ЯКІ МАЮТЬ ДІТЕЙ

Abstract

The article is devoted to a comparative analysis of legislation on exemption from punishment for pregnant women and women with children. The criminal laws of Eastern European and post-Soviet countries were analyzed using a methodological approach to considering a particular type of exemption from punishment, which includes five characteristics of the development of criminal law relations that exist between this woman and the state: prerequisite, basis, order, conditions and criminal legal consequences. exemption from punishment. In many countries, these norms are formulated as a deferment of punishment. At the same time, the legislation of individual countries allows such an extension both during the court’s sentencing and in the process of serving it. Only in the Criminal Code of Tajikistan these regulations are formulated as an exemption from punishment. In foreign countries, the common cause for all is the occurrence of pregnancy in a convicted woman. In addition, in some countries the second alternative basis is defined differently. In some countries, such a reason is the birth of a child by a woman while serving a sentence, in others, the very fact that a woman has a child, regardless of whether she was born during or before the beginning of serving a sentence. Moreover, in different countries the maximum age of such a child is determined differently. In addition, attention is drawn to the fact that in most of the studied foreign criminal codes, pregnancy or childbirth are self-sufficient grounds for the release of a convicted person from punishment or postponement of his execution.