Criminal presumption in the legislative construction of mitigating circumstances
DOI:
https://doi.org/10.17308/vsu.proc.law.2020.4/3177Keywords:
criminal law presumption of circumstances, mitigating punishment, criminal law making, sentencing the stability of social relations, the Supreme Court of the Russian FederationAbstract
The article is devoted to the disclosure of the role of criminal presumption in the design of the legislator: circumstances mitigating punishment; sentencing in the presence of extenuating circumstances; the imposition of a milder sentence than provided for this crime. The article argues the validity of the use by the legislator of the assumption of the need to lower the level of criminal repression in the presence of the circumstances provided for in Part 1 of Art. 61 of the Criminal Code of the Russian Federation, thereby ensuring the achievement of the goals of punishment, by differentiating criminal liability and individualizing the sentence (Articles 62, 64 of the Criminal Code of the Russian Federation), specific proposals are proposed for improving a number of criminal law norms with a view to better regulating public relations, related to mitigating circumstances.
