On some problems of the appointment of criminal punishment in the presence of mitigating circumstances

Filimonov Andrey Anatolievich, Filimonov Ivan Anatolievich, Obraztsov Sergei Vyacheslavovich

The article is devoted to the legal institution of criminal punishment. The authors analyzed the legal norms and domestic criminal legislation, as well as law enforcement practice in this area. The article examined some problematic issues that arise when assigning punishment by courts, and suggests ways to solve them. The authors draw attention to the fact that various circumstances when imposing punishment are indicated in the motivations of convictions with varying degrees of detail, while the rule repeats the content of Part 3 of Art. 60 of the Criminal Code. Among the totality of circumstances taken into account by the courts, actual data characterizing the identity of the guilty person have a greater share, which in turn is not always appropriate.

Keywords:criminal penalty, the appointment of punishment, criminal responsibility, the identity of the offender, crime, individualization of punishment, justice, crime qualification, degree of public danger, correction of the convict.