Сибирский федеральный университет

Тип публикации: статья из журнала

Год издания: 2014

Ключевые слова: Criminal legal policy, Judicial discretion, Penalty for grieve personal injury

Аннотация: The article studies issues of judicial discretion' influence on penalty assignment by the example of crime provided by Chapter 1 Article 111 of the Criminal Code of the Russian Federation. The article provides with penalty for grieve personal injury assignment by Krasnoyarsk Judges practice research results. The author detects correlation between amount of penalty assigned and personality of the Judge. Similar correlation is determined in regard to criminal suspended sentence practice. Basing on the research results, the author analysed the limits of Judge's personality real influence on penalty assigned and number of suspended sentences. The author concludes that this influence is excessive and that criminal penalty can not be effective in crime counteraction without intensification of legislation control of penalty standards as part of sanction. The author proves the necessity for intensification of legislation control of penalty standards as part of sanction of article of special part. In order to ensure sufficient sample size and design options for the correct conclusions about the impact of justice judges appointed punishment were taken cases dealt with by various district courts of Krasnoyarsk in 2011-2012. Subject to amendment of the authorization part 1 of article 111 of the Criminal Code of the Russian Federation Law on March 7, 2011 No. 26-FZ «On Amendments and Additions to the Criminal Code of the Russian Federation». For reliability and validity of the findings of the number of cases investigated were excluded sentences for which sentences were issued prior to the entry into force of the Law, except the minimum limit of sanctions Part 1 of art. 111 of the Criminal Code. To eliminate the influence on the results of a study specific features of individual cases generalization of crimes subject to the absence of recurrence and the aggregate of crimes.

Журнал: Criminology Journal of Baikal National University of Economics and Law

Выпуск журнала: Is. 1

Номера страниц: 98-103

• Sevast'janov A.P. (Institute of Siberian Federal University, Krasnoyarsk, Russian Federation)

• Scopus