Проблемы назначения наказания и пути их решения: анализ правоприменительной практики

Abstract

The article deals with the issues of the justice of the sentence, which are of decisive importance for the legality and validity of the final act, as well as the fairness of the punishment imposed. It is based on the verdicts of the courts of first instance, which later, due to improper application of the criminal or criminal procedure law, were canceled by the court of appeal. Analysis of the mistakes made by the courts of first instance has been carried out, on the basis of which amendments to both the current legislation and judicial practice in criminal cases are proposed and systematized. Conclusion dwells upon the fact that in the course of sentencing and imposition of fair and lawful punishment the courts of first instance do not adequately take into account the degree of public danger of the committed act, as well as personal characteristics of the guilty person, in addition, the mitigating circumstances are not properly assessed.