Кара и гуманизм уголовной ответственности ограниченно вменяемых лиц

Abstract

Criminal liability of persons with diminished responsibility is one of the actual problems of the general part of criminal law. The author points out how courts take into account diminished responsibility when sentencing. Analysis of court practice shows that humanist approach in this regard is effective not always. It is contained possible ways of taking into account diminished responsibility when sentencing in accordance with criminal law theory and current criminal legislation. It is drawn attention to focusing on enhancing the effectiveness of treatment of persons with diminished responsibility. The article offers to consider consequentialist approach to criminal liability of persons with diminished responsibility. The author shows how this approach is used in foreign science in the study of criminal law issues, in particular – problem of criminal liability of persons with diminished responsibility. It is stated how consequentialism can be used in criminal law theory and practice in regard of criminal liability of persons with diminished responsibility.
 The study aims to identify effective ways to decide the problem of criminal liability of persons with diminished responsibility based on consequentialist approach. 
 The methodological basis of the research is dialectical method. General scientific methods (systematic, logical, analysis, generalization, interpretation) and particular scientific methods (sociological (survey), formal legal, comparative legal) were used.