FEATURES OF THE APPOINTMENT A FINE IN CONNECTION WITH MITIGATION OF PUNISHMENT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article deals questions of the appointment a penalty in the application of less severe punishment than that provided by law for the offense. Considered the determination of the amount of penalty in case of his appointment in the transition to a more lenient punishment, and with a decrease in its size compared to the stated in the sanction for committing a crime. It is noted that the fine as the main penalty may be applied in cases where it is stipulated in the relevant article of the Criminal Code of Ukraine or, exceptionally, if it appointed as softer punishment than that provided by law for the crime. If the penalty is contained in the relevant article for the crime (as the main or additional punishment), the law clearly defines the procedure for his appointment. In this case, the specific amount of the penalty is assigned: 1) depending on the severity of the crime; 2) considering the property position of subject; 3) to the extent specified in part 2 and 3 art. 53 of the Criminal Code of Ukraine. However, the law does not directly regulate the procedure for determining the maximum size of penalty in his appointment during the transition to a more lenient punishment. Substantiated that in these cases the basic punishment in the form a fine shall be elected in accordance with Art. 53 of the Criminal Code of Ukraine and subject to maximum size of penalty established in Art. 12 of the Criminal Code of Ukraine for each category of severity of the crime. Noted that if mitigation is subject to punishment provided for a crime which is punishable by a fine of more than 3,000 non-taxable minimum incomes of citizens, on the grounds provided out in Part. 1, Art. 69 of the Criminal Code of Ukraine, the court must proceed from minimum size a fine, which is provided in the sanctions and not be guided by a size of damage or illegal income.
Authors and Affiliations
О. В. Євдокімова
Keywords
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