CRIMINAL LEGAL NATURE OF COMPASSIONATE RELEASE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
The article highlights the issue of the criminal law nature of compassionate release, the analysis of criminal and criminal – executive legislation of Ukraine and other European countries, which regulates the procedure for compassionate release, focuses on the state of observance and promotion of the rights and responsibilities of citizens be compassionate release. One of the priorities of modern penal policy is to humanize responsibility perpetrators are usually crimes of minor or moderate severity. The hard approach to exemption from punishment difficult, often incurable and terminally ill prisoners is largely due to the influence of prior and shortcomings of current legislation. Pending the entry into force of the current Criminal Code of Ukraine contained similar provisions only kryminalno Procedure and Criminal vykonavchomu legislation that has made the process incomplete regulation exemption from punishment. Unfortunately, this situation with exemption from punishment in connection with another serious illness to some extent still exists today . The novelty of the norm of a complex structure, focusing it more fundamentally different types of exemption pokarannya and its serving complicate its interpretation and application. Reform of domestic criminal zakonodavstva held at the beginning of the century, much has changed exemption pokarannya Institute. Yes, it was the norm for exemption from punishment for the disease, which is contained in Art. 84 of the Criminal Code of Ukraine. Pending the entry into force of the Criminal Code contained provisions similar to Ukraine only kryminalno procedural and criminal law vykonavchomu that has made the process incomplete regulation exemption from punishment. So the emergence of rules on exemption from punishment due to illness is in kryminalnomu law, even in terms of legal tehniky is quite reasonable. Given that crime is different in degree of public danger they entail, are performed by different persons, the court applies criminal penalties to achieve goals correct person. But in life there are cases where the process of correcting a person guilty of a crime possible without the use of punishment to a person or to convict this goal is achieved to the full serving a court sentence prescribed punishment. That application or further punishment unnecessary. It is to address such situations developed and is legally Institute of exemption from criminal punishment and his subsequent departure.
Authors and Affiliations
С. І. Марко, С. Я. Бурда
Keywords
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