THEORETICAL ANALYSIS OF THE GENERAL FOUNDATIONS OF SENTENCING

This article notes the theoretical and legal grounds for the importance of mitigating circumstances established by criminal law in the imposition of a lighter punishment, as well as the fact that the imposition of a lighter punishment is directly related to the mitigating circumstances. The article examines the opinions of national and foreign scientists about the legal nature of mitigating circumstances. Also, Article 55 of the Criminal Code provides for mitigating circumstances, which are used directly by the courts during the sentencing process. At the same time, if the mitigating circumstance is provided as a necessary sign of the crime in the relevant articles of the Special Part of the Criminal Code, it is based on examples that it should not be taken into account when imposing punishment. This article also provides an analysis of the norms of the Criminal Codes of other countries regarding the mitigating circumstances that are taken into account when sentencing. Also, this article emphasizes the need to expand the list of mitigating circumstances in sentencing and presents justified suggestions.

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