General Deterrence Research Articles

A students’ behaviors in information security: Extension of Protection Motivation Theory (PMT)

ABSTRACT This study investigates information security behaviors among university students, focusing on the interplay of psychological and social factors influencing their behavioral intentions and actions. By integrating the Theory of Planned Behavior, Protection Motivation Theory, and General Deterrence Theory, the research offers a comprehensive understanding of factors such as self-efficacy, perceived risk vulnerability, response cost, and response efficacy. Utilizing structural equation modeling (SEM) and Necessary Condition Analysis (NCA), the study assesses the impact of these factors on students’ information security practices. Measurement items were developed based on recent empirical studies, ensuring relevance to the contemporary digital environment. The findings reveal significant associations between these factors and students’ security behaviors, providing insights into effective strategies for promoting information security awareness and practices. This research contributes to the academic discourse on digital security behaviors and offers practical implications for enhancing information security measures within university settings.

Challenges in Cybercrime Prevention and Legal Frameworks in India: An Analytical Study

The rise of cybercrime has been a major problem for countries, businesses, and people all around the world. The purpose of this study is to shed light on the difficulties in enforcing laws against cybercrime in India and to highlight the critical need for such a framework in order to stem the tide of this rapidly expanding threat. There has been an upsurge in cybercrime in India in recent years. The fact that it has such a detrimental effect on people's social and economic life makes it a very worrying issue. Data from cybercrime cases prosecuted in India's most susceptible states and cities under the IT Act and the Indian Penal Code formed the basis of our study. In addition, we have examined the data of cybercrime instances perpetrated by individuals of varying ages. In addition to outlining the many reasons for cybercrime and the crimes themselves, this article also provides crucial recommendations on how to reduce cybercrime. Both the investigation and punishment of cybercriminals and the general deterrent against cybercrimes are weakened by these obstacles. To tackle the unique problems posed by cybercrime in India, this study acknowledges the need of a thorough legislative framework and suggests important components that should be included in the laws.

Assessing the Deterrent Effects of Ignition Interlock Devices

IntroductionIgnition interlock devices installed after conviction for driving under the influence of alcohol (DUI) have been shown to reduce subsequent DUI arrests (specific deterrence). However, there is little evidence on how interlock-device penalties might affect general deterrence, that is, deterring people from driving after consuming alcohol prior to a DUI conviction. MethodsA discrete choice experiment was conducted and data were analyzed in 2023 with 583 U.S.-based adults who consume alcohol at least once in the past week to assess the deterrent effects of five different penalties (fine, jail time, interlock device, license suspension, alcohol treatment) for alcohol-impaired driving under randomized sequential scenarios of high (20% chance of being caught) and low (1%) police enforcement. Participants resided in 46 states. ResultsDeterrent effects of an interlock penalty, operationalized as having to install an interlock device for one year, are large and on par with a twentyfold increase in police enforcement activity (from 1% chance of being caught to 20%), or a $2,000 increase in the DUI fine under the status quo enforcement regime. On average, a 1-year interlock penalty had the same deterrent effect as a 10-day increase in jail time. ConclusionsWider use of interlock devices as a DUI penalty could have large deterrent effects, independent of their ability to physically prevent the motor vehicle of an intoxicated driver from starting. The deterrent effect documented here adds to evidence on interlock devices’ overall effectiveness as well as their potential to shift DUI penalties away from criminalization (jail time) and towards immobilization and rehabilitation.

Transborder Ethnic Ties and Repression of Ethnic Minorities

Transborder ethnic ties constitute an alignment between an ethnic minority group and its external ethnic kin in another country. Similar to interstate alliances, in which a powerful state extends its deterrent capability to protect its protégé state against another state, a powerful external kin can extend its deterrent capability to protect a minority group against the target government. I employ deterrence theory and develop a game-theoretical model to analyze the triadic strategic interaction between a government, a minority group, and this minority group’s external kin. I argue that a minority group can only be effectively protected by its external kin when the external kin possesses a credible and capable threat of using force. I test the predictions of my model with a newly developed dataset covering 20 minority groups and 5 powerful ethnic kin. The results show that a highly credible and capable threat by an external kin significantly decreases the likelihood of government repression in the form of active and targeted political discrimination. Specifically, previous economic support to the minority group by their militarily powerful external kin constitutes a strong signal of a credible military threat, contributing to general deterrence and diminishing the probability of repression. This research contributes to the literature by moving beyond the mostly invariant factors, such as geographical proximity or the nature of ties between the groups, to understand the effect of an external ethnic kin on a minority’s security.

Reducing fraud in organizations through information security policy compliance: An information security controls perspective

As more business processes and information assets are digitized, computer resources are increasingly being misused to perpetrate fraudulent activities. Research shows that fraud committed by (or with) trusted insiders (called occupational fraud or internal organizational fraud) is responsible for significantly more damage than that committed by external actors (for example, cyber fraud). Current fraud research has primarily focused on the person perpetuating the fraud instead of the internal mechanisms organizations can employ in reducing fraud. The study examines the relationship between compliance with organizations' technology controls (primarily focused on information security) and its impact on computer-based occupational fraud. Based on general deterrence and fraud triangle theories, the study proposes information security control proficiency (ISCP) modeled as an integration of the quality of information security policy and its enforcement as a key factor that influences information security policy compliance. We further postulate that compliance with information security policy mediates the relationship between information security control proficiency and computer-based-occupational fraud. Empirical assessment supports the structure of the information security control proficiency construct. Model testing shows that information security control proficiency positively impacts information security policy compliance, which further deters the use of a company's computer systems and resources to conduct fraudulent activities. Thus, if an organization establishes high-quality information security policies and supports the policies with effective enforcement, it correspondingly leads to better compliance. Furthermore, less fraud is committed when compliance with information security controls is high. We offer various managerial implications and future research extension ideas.

The effect of formal de‐policing on police traffic stop behavior and crime: Early evidence from LAPD's policy to restrict discretionary traffic stops

AbstractResearch SummaryOn March 1, 2022, correspondence from the Los Angeles Police Department (LAPD) headquarters stated that officers can no longer use minor infractions (e.g., equipment violations) as a pretextual reason to further investigate drivers for criminal behavior. If LAPD officers are to execute a discretionary stop, they must activate their body‐worn cameras and reasonably articulate to the civilian why they are being investigated. The intent is to reduce racial/ethnic disparities in stops and build trust of the police within the community. Critics of the policy argue that elevated crime rates will result due to the crime suppression effect of such stops. This study examines racial differences in stops before and after the policy change, as well as whether Part 1 violent and property crimes increased. Descriptive findings show that while the counts of stops, arrests, and contraband seizures during stops decreased, the percentage of non‐White civilians stopped decreased only minimally following the intervention. Results from using Bayesian synthetic control methods indicate an increase in both violent and property crimes post‐intervention compared with the synthetic counterfactual. The increase in violent crimes has a low probability of being different from the counterfactual, whereas the increase in property crimes has a high probability, suggesting that the intervention led to a real change in property crimes compared with what would have been expected under the counterfactual.Policy ImplicationsThis study provides preliminary evidence that emerging policies intended to restrict discretionary stops may not have the intended effect on racial disparities in police traffic stops. Instead, agencies passing similar policies may expect to see the potential unintended consequence of a spike in jurisdictional property crimes. We argue that such types of stops across a jurisdiction may have a general deterrent effect on more common and calculative crimes such as property crimes. To combat violent crimes, agencies should consider focusing discretionary stops in known hot spots. Further, our findings offer implications for research on the effects of de‐policing on crime. Police agencies should monitor potential unintended impacts of these policies if enacted and be prepared to deal with such consequences.

Short and Long Run Effects of Leniency Programs on Cartel Stability and Prosecution

Abstract This study investigates the effects of leniency programs on cartel duration, cartel fines, and the length of investigations, providing empirical insights that contribute to the ongoing debate regarding their theoretical and empirical implications. The introduction of leniency programs in two different jurisdictions (EU and Spain) at different times and the exogeneity of the introduction date enable us to identify their impact using difference-in-differences estimations. We empirically show that leniency programs, by destabilizing existing cartels, allow for the detection of the longer-lasting ones in the short run. In the long run, our results suggest that destabilization effects prevail, and leniency programs discourage the creation of new cartels. Specifically, our findings indicate that the duration of detected cartels almost doubles in the short run and nearly halves in the long run. Finally, our study reveals that the introduction of leniency programs results in a significant increase in the average fines per cartel case, both before and after taking into account the fine reductions resulting from these programs. This suggests that leniency programs contribute to stronger sanctions against cartels, enhancing their general deterrent effect. However, our findings also indicate that leniency programs lengthen the average duration of cartel investigations, which may hinder the ability of competition authorities to proactively pursue other cases.

Sending the B team: The impact of lesser signals of resolve

When signaling resolve, is it necessary to go ‘all-in’ and send the strongest possible signal or can sending a lesser signal be effective? Prior research suggests that sending a lesser signal is an admission of irresolution, akin to sending no signal. We make the novel claim that lesser signals of resolve can actually be worse for credibility than sending no signal, particularly in general deterrence situations. We theorize that while the absence of a signal may go unnoticed, a lesser signal puts a spotlight on irresolution. Building on prior findings that high-level visits can function as signals of extended deterrence commitment, we test our theory using new data on visits abroad by the US president, vice president, secretary of state, and secretary of defense. We find that only presidential visits are effective at deterring military challenges against the country visited. Visits by lesser officials, whom we dub the ‘B Team’, actually increase the risk of deterrence failure.

Peer Response to Regulatory Enforcement: Lobbying by Non-Sanctioned Firms

Government agencies rely on general deterrence to protect the public. Firms utilize lobbying for influence and information purposes. This paper explores the intersection of general deterrence and lobbying by firms while investigating whether general deterrence efforts of regulators are met with a lobbying response. Specifically, we propose that following a competitor firm being sanctioned, the non-sanctioned peer firms will increase their amount of lobbying targeted at the sanctioning agency, and the key drivers of these increases in targeted lobbying will be penalty severity, concerns over likely reputational damage, and value alignment. We test our hypotheses using U.S. Environmental Protection Agency violations as a context, and they largely receive support.

Cyberloafing deterrence in the public sector of Ghana

AbstractThe integration of the Internet into various aspects of business operations, including the public sector, is rapidly becoming a norm. However, within this evolving landscape, the issue of cyberloafing, the misuse of the internet for unauthorized activities, cannot be ignored. Existing research on cyberloafing in developing countries, specifically in Ghana, has predominantly focused on higher education students. A brief examination of the literature pertaining to cyberloafing in developing nations reveals a prevalent emphasis on categorizing cyberloafing activities, often with limited insight into the motivations and deterrence of such behavior. Drawing on the framework of the General Deterrence theory, this paper delves into the underlying factors that deter cyberloafing behavior within the public sector of Ghana. Through the utilization of a partial least square structural equation model, the study analyzed data from 473 responses collected from public institutions across Ghana. The study revealed that factors such as certainty, monitoring, and security risks significantly influence the manifestation of cyberloafing behavior among employees in the Ghanaian public sector. However, the Severity and Celerity of sanctions were found not to influence cyberloafing behavior. The moderating effect of age and culture on the deterrent constructs and cyberloafing behavior vary. The study serves as a strategic framework to curd the rampant cyberloafing activities in many public sector institutions particularly in the global south. In essence, this study contributes not only to the understanding of cyberloafing behavior in the Ghanaian public sector but also provides a valuable foundation for designing targeted interventions to address this issue, ultimately fostering a more productive and responsible online engagement within these institutions.

On the General Deterrence Effects of Inmate Assistance Programs

On the General Deterrence Effects of Inmate Assistance Programs

Evaluation of Managerial Tools for Preventing and Controlling Cyber-Loafing Among Administrative Staff: A Case Study of a Selected Municipality in KwaZulu-Natal, South Africa

Organizations have implemented systems to address cyber-loafing, but these measures are often insufficient to completely prevent employees from engaging in such activities. Consequently, the role of managers in mitigating cyber-loafing becomes crucial. However, the specific strategies employed by managers to reduce and control cyber-loafing remain unclear. This paper aims to evaluate the tools used by managers to prevent and control cyber-loafing among administrative staff in the workplace. The paper proposes effective measures to mitigate this phenomenon. The study employed a mixed-method approach, combining qualitative and quantitative research methodologies. Purposive sampling was utilized, with a sample size of 156 administrative staff for the quantitative study and 11 managers and supervisors for the qualitative segment. The quantitative data revealed that administrative staff use company internet and computers to perform cyber-loafing activities. Managers and supervisors can apply various tools, including software monitoring systems, internet policies, and employee monitoring, to control cyber-loafing activities. The General Deterrence Theory (GDT) framework was used to explain the tools used to curb cyber-loafing in the study under investigation. Additionally, other deterrent mechanisms and organisational control measures are identified and discussed in specific instances. This research contributes to a comprehensive understanding of the role of managers in addressing cyber-loafing and proposes practical tools and strategies that can be implemented by organisations to effectively mitigate this phenomenon. By enhancing managerial approaches to cyber-loafing, organisations can improve productivity and ensure a secure work environment.

양형상 책임 반영과 예방 고려

This essay aims to review the rationale of sentencing in Korean criminal laws and procedures to understand how to secure rational sentencing with the rationales of sentencing, such as responsibility of offenders and general deterrence or specific deterrence. Shuldprinzip or principle of responsibility is the fundamental basis of criminal punishment, which also acknowledged as constitutional principle for criminal laws. However, Korean Penal Code has no definite provisions on the purpose(s) of punishment or sentencing. Considering such statutory definition of the rationale is necessary for rationalizing sentencing discretion, Article 51 of the Penal Code is the only relevant provision on some ‘general principles’ of sentencing : In determining punishment, the following shall be taken into consideration: 1. The age, character and conduct, intelligence and environment of the offender; 2. Offender's relation to the victim; 3. The motive for the commission of the crime, the means and the result; 4. Circumstances after the commission of the crime. Also, Korean sentencing guideline system under the Court Organization Act has set some principles of setting or changing the sentencing criteria: 1. The nature of crimes, the circumstances of crimes, and the extent of the responsibilities of defendants shall be reflected; 2. The general deterrence, the prevention of defendants from committing crimes again and their return to society shall be taken consideration; 3. As long as there is no difference between the same kind of crimes and the similar kind of crimes in the sentencing elements that have to be taken into account, they shall not be differently handled in the sentencing of them; 4. The sentencing shall not be discriminated against defendants on the grounds of their nationalities, religions, conscience, social statuses, etc. (Article 81-6(2)) Now the sentencing guideline system is taking the role of rationalizing sentencing discretion by both reflecting responsibilities of defendants and considering the general deterrence of crimes or the prevention of defendants from re-offending and their rehabilitation, and further realizing the purposed of just punishment. According to the law, when setting and changing the sentencing guidelines, the guidelines should reflect the degree of responsibility of the defendant, and consider the general prevention of crime and the prevention of recidivism and social rehabilitation of the defendant. So for the rationalization of sentencing, it should be possible to make sentencing-policy judgments on responsibility and prevention considerations through the principles of responsibility and prevention considerations rather than unclear normative adjustments of sentencing guidelines.

Criminal policy and sanctions in the 2020s and onwards: Determinants of penal culture in Finland during the last 150 years

This article provides a fragmentary overview of the developments of criminal law and criminal policy in Finland during the last 150 years. It reflects the author’s experiences as a criminal scientist and an expert in drafting criminal legislation over 50 years. This review uses the conclusions from Cesare Beccaria’s classic, centuries-old book as its starting point: a punishment may not be an act of violence, but should be public, immediate, necessary, as minimal as the case allows, proportional to the crime, and determined by law. The Finnish Penal Code of 1889 was originally thoroughly permeated by both the principles and the spirit of the classical school of penal law, wherein punishment was primarily regarded as retribution for an offence and the penal system was therefore tolerably harmonious with the demands of general deterrence. More weight was given to individual prevention when the Code was first drafted. Later on, the influence of the sociological school of penal law, which focused on the offender and individualized criminal sanctions, led to partial reforms of the penal system, such as the enactment of the Conditional Sentences Act of 1918, the Dangerous Recidivists Act of 1932, and the Young Offenders Act of 1940. The day fine system of 1921 and the fluctuations in the ideology regarding indeterminate penal sanctions are analyzed. The total reform of the Penal Code between 1972 and 2003 aimed to create a more rational penal system – one designed for efficient, just, and humane criminal justice. An ambitious attempt was made in as uniform and systematic a way as possible to assess the goals, interests, and values that the new Criminal Code should promote and protect. The existence of the criminal justice system was justified on utilitarian grounds. The structure and operation of a penal system, however, cannot be founded solely on the basis of utility; the criteria of justice and humaneness must also be applied. The penal system must be rational in regard to both its goals (utility) and its values (justice and humaneness). The developments since the 1990s have been characterized by the influence of human rights and basic rights on both criminal and procedural law, as well as by the effects of internationalizing and Europeanizing the criminal justice system. The latter tendencies have resulted in the diversification of criminal law.

The crime of perjury in the legislation of the Republic of Croatia

Objective: The paper aims to provide a description and analysis of perjury in the legislation of the Republic of Croatia, the standpoints of legal theory, and perjury charges and prosecution in practice.Methods: This paper presents an analysis of legal provisions concerning the crime of perjury in Croatia, statistical data on perjury charges and conviction rates, perspectives of other authors, and relevant judicial practice.Results: The legislator has established criminal liability for perjury on the part of any witness, expert, translator, or interpreter who provides false testimony in a procedure. On the other hand, parties other than the defendant are liable for perjury if the final decision in the procedure was based on their false testimony. Legal theory and judicial practice agree that the crime is committed as soon as the person has finished testifying, that a prescribed format should be observed when testifying, that perjury may also be committed by withholding a decisive fact, as well as that in general, a retrial of a proceeding in which the perjury allegedly occurred is permissible only if based on a final judgment against the perjurer. An exceedingly large percentage of suspended sentences may fail to advance either general or specific deterrence. Regarding the contentious issue of necessary conditions for initiating perjury proceedings, the author argues that the conditions are met immediately upon providing false testimony.Conclusion: The legislator has criminalized perjury because providing false testimony constitutes a willful and intentional obstruction of the process of proving facts in issue in proceedings before competent authorities. The judicial sentencing policy is not consistent regarding the application of prescribed punishment. By stipulating criminal liability of a party only if their testimony was instrumental for the judgment, the party unjustifiably enjoys a more favorable position in relation to witnesses, experts, interpreters, and translators.

Synthetic Control Analysis of the Short-Term Impact of New York State’s Bail Elimination Act on Aggregate Crime

We conduct an empirical evaluation of the short-term impact of New York’s bail reform on crime. New York State’s Bail Elimination Act went into effect on January 1, 2020, eliminating money bail and pretrial detention for nearly all misdemeanor and nonviolent felony defendants. Our analysis of effects on aggregate crime rates after the reform informs the understanding of bail reform and general deterrence, rather than specific deterrence via re-arrest rates of the detained/released population. We conduct a synthetic control analysis for a comparative case study of the impact of bail reform. We focus on synthetic control analysis of post-intervention changes in crime for assault, theft, burglary, robbery, and drug crimes, constructing a dataset from publicly reported crime data of 27 large municipalities. Due to the short time frame before the onset of COVID-19 and its far-reaching effects, we restrict attention to a short post-intervention time period. Nonetheless, evaluation of short-term impacts may still inform hypotheses of general deterrence of bail reform policy. Our findings, including placebo checks and other robustness checks, show that for assault, theft, and drug crimes, there is no significant impact of bail reform on aggregate crime. For robbery, we find a statistically significant increase; for burglary, the synthetic control is more variable and our analysis is deemed less conclusive. Since our study assesses the short-term impacts, further work studying long-term impacts of bail reform and on specific deterrence remains necessary. Supplementary materials for this article are available online.

Retribution Versus Rehabilitation: Why North America should Adopt the Nordic Prison Model

Both Canada and the United States of America have a considerable imprisonment issue, leading to calls for prison reforms. When considering the role of punishment in the legal system, research indicates that individuals tend to want to achieve three objectives: retribution, general deterrence, or specific deterrence. The Nordic Prison Model, which focuses on rehabilitating the individual, may be a solution to the current North American retribution-oriented penal system. In this position paper, I will examine the contentious issues plaguing the current North American prison system, research around the role punishment plays in society, arguments against rehabilitation and the Nordic system, and finally, the growing evidence advocating for a paradigm shift toward adopting a rehabilitative-oriented remand system. Lastly, the paper ends with a call to action on future research into the feasibility of enacting a rehabilitative-oriented prison model in capitalist countries such as the USA and Canada, as well as policy implications including increasing educational courses or work-release programs.

Using a crime prevention framework to evaluate tiger counter-poaching in a Southeast Asian rainforest

Tigers are a conservation-reliant species, as multiple populations face the risk of local extinction due to poaching arising from the continued demand for their body parts. Preventing tiger poaching poses a challenge for the rangers responsible for their protection, particularly in Southeast Asia, where the protected areas are typically large, mountainous tropical forests guarded by small teams of rangers. Improving counter-wildlife crime tactics is hindered without robust evaluations, and inefficient approaches are perpetuated. We evaluate an eight-year project aiming to recover a tiger population in Peninsular Malaysia. Three distinct poaching problems by Vietnamese, Thai and Cambodian groups, differing by organisation, target species and tactics, were prioritised, and ranger counter-poaching tactics were tailored to reduce these. Applying a framework developed to evaluate crime prevention known by the acronym EMMIE, here we: (1) examine evidence our intervention was Effective in reducing the poaching threat; (2) resolve the Mechanisms by which our intervention caused a reduction in harm from poaching and how intervention effectiveness is Moderated by the three poaching types; (3) define the elements necessary for Implementation and the Economic costs involved. We found poaching incursion frequency fell 40% from baseline years to treatment years across all poaching types while poaching incursion depth declined, with disrupted incursions on average, 2.6 km (Thai) and 9.1 km (Cambodian) closer to the forest edge. However, wire snares increased from baseline to treatment years as Vietnamese poachers increased the number of snares per incursion eightfold. No poaching incursions were observed during the Covid-19 pandemic. Tiger density remained below recovery potential (0.48/100km2 in 2014 to 0.53/100 km2 in 2021) but stabilised as key females survived and were detected breeding. Leopard, sun bear, muntjac and wild boar densities remained stable. Disarming active snares and seizing an increased proportion of snares before being deployed directly reduced the potential risk of mortality to medium-large mammals once a poaching incursion began. Attributing the decline in poaching attempts to our intervention is supported for Cambodian poachers via three plausible mechanisms: increased cost of reoffending by repatriated poaching team leaders; reduction of detailed knowledge sharing and imitation by peers; general deterrence at community level from increased awareness of the elevated risk of arrest and low likelihood of enjoying rewards. We found ranger performance enhancements at three critical stages of counter-poaching were instrumental in increasing arrest certainty, this was made possible by institutionalising a learn-and-adapt cycle underpinned by a dedicated site analyst. This study highlights how investing in problem analysis and going beyond simple assumptions of deterrence can greatly enhance the effectiveness and efficiency of small wildlife protection teams.

Predicting Compliance of Security Policies: Norms and Sanctions

ABSTRACT This paper is motivated by the need to find reasons for the divergent findings reported in many studies that assessed the effects of social norms on IS security policy compliance, and answers multiple calls for additional research on this subject. In doing so, this paper contributes to the existing information security literature by presenting an integrated model that draws from the General Deterrence Theory, the Social Norms, and the Normality perspective. Specifically, this study investigates the effect of formal sanctions on information security policies compliance mediated by subjective, descriptive, and moral norms. The data were collected from the employees of five organizations in the Southern United States using the survey method. Quantitative analysis of the sampled data was conducted by using PLS to assess the various hypotheses. This study shows that descriptive and moral norms mediate the relationships between formal sanctions and information security compliance. The paper highlights the influence of moral norms on how IT users respond to IS security policies.

Criminal law sanctions for misappropriation, embezzlement or seizure of property through abuse of office

The concept of criminal law sanctions has been analysed, the classification of criminal law sanctions for misappropriation, embezzlement or seizure of property through abuse of office has been studied, and the peculiarities of building criminal law sanctions for crimes under Article 191 of the Criminal Code of Ukraine have been revealed. It has been concluded that a sanction is a mandatory component of an article (or part of an article) of the Special Part of the Criminal Code of Ukraine which contains a model of the type and scope of punishment which is adequate to the social danger of a criminal act. The sanction reveals the legal aspect of criminal punishment, indicating its type and scope, while acting as a model of criminal punishment provided for the crime.
 One of the most important and necessary prerequisites for the court to determine the lawful and, therefore, appropriate punishment is strict compliance with the requirements of Article 65 of the Criminal Code of Ukraine on imposing punishment within the limits established in the sanction of the article of the Special Part providing for liability for the crime. Taking this requirement into account implies that in each particular case the court should be guided by the types and amounts of punishment provided for by the relevant sanction of the criminal law, as well as by the provisions of the General Part. This means that the sanction must be mandatory.
 The law should, of course, give judges a choice so that the sentence can be appropriate to the gravity of the offence and the person involved. However, this should not go beyond the limits of social justification and undermine the general deterrent function of criminal sanctions. Therefore, a judge must clearly know the rules by which he or she can assess the significance of a particular circumstance in order to determine the amount of punishment. This is the approach used in the draft CC of Ukraine.