Judicial discretion in assessing the significance of the causes and conditions of a crime for criminal liability

Abstract

The article demonstrates the importance of assessing the significance of the causes and conditions of a crime for criminal liability. Despite the absence in the criminal law of a direct indication of the obligation of an appropriate assessment, a systematic interpretation of its provisions allows us to draw a conclusion about such an obligation. An analysis of court decisions allows us to state that the lack of unanimity on this issue leads judges to conflicting conclusions about the just punishment for a person guilty of a crime. The conclusion in made abaut the need for legislative consolidation of the requirement to establish and assess the causes and conditions of crimes.