判处终身监禁

M. Tuliglovich
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摘要

介绍。在俄罗斯宣布暂停死刑后,无期徒刑已成为适用的刑事刑罚中最严厉的一种。为了尊重刑事诉讼各方当事人的权利和利益,法院在量刑时应当考虑到这种监禁的所有特点。考虑到自我组织的过程、法律上对终身监禁缺乏共同的做法、使用最高法院实践中没有解释的评价类别,以及刑法某些条款中存在的差距,导致不同地区的法院在文本上根据自己的经验为终身监禁的判决辩护和证实。无期徒刑形式的量刑问题成为本文的主题。笔者的研究方法是在对一审法院判决进行分析并考察其特点的基础上进行的。理论基础。方法。运用比较法学、辩证法学、形式法学、解释学等一般科学研究方法开展工作。将以上方法结合使用,以获得研究的协同效应。结果。在判处无期徒刑时,重要的是要彻底描述被告的特殊危险。不遵守这一要求可能导致取消判刑。作者还分析了排除无期徒刑可能性的情况,论述了在特定情况下罪行或刑罚合并的情况下无期徒刑判决的特点,讨论了被判处这类刑罚的人的教养设施类型的确定问题。讨论与结论。本文在笔者研究的基础上,提出了描述犯罪人的特殊危险性的法律选择,在量刑中体现罪刑相结合的刑罚,其中之一就是无期徒刑。
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Sentencing to Life Imprisonment
Introduction. After declaring a moratorium on the death penalty in Russia life imprisonment has turned to be the most severe of the applied criminal punishments. In order to respect the rights and interests of all parties of the criminal process, the court when passing a sentence shall con¬sider all the characteristic features of this kind of imprisonment. Taking into account the processes of self-organization, the lack of common approaches to the imprisonment for life in law, the use of evaluation categories that are not explained in the prac¬tice of the highest court, as well as the presence of gaps in certain provisions of the criminal law, leads to the fact that the courts in different regions in text justify and substantiate the sentence of life imprisonment form their own experience. The problem of sentencing in the form of life imprisonment has become the subject of the article. The author’s approach is based on the analysis of the first instance courts sentences and the examination of their features. Theoretical Basis. Methods. The work is carried out with the use of such general scientific research methods as comparative legal, dialectical, formal legal, and hermeneutical methods are applied. The above methods are used in conjunction in order to obtain a synergistic effect of the research. Results. When passing a life sentence, it is important to describe thoroughly the exceptional dan¬ger of the defendant. Failure to comply with this requirement may result in the cancellation of the sentence. The author also analyzes the circumstances that are to preclude the possibility of life imprisonment, deals with the features of life verdict in the case of a combination of crimes or sen¬tences in the particular situation, takes up the questions of determining the type of correctional facility for a person sentenced to this type of punishment. Discussion and Conclusion. Based on the author’s research, the article offers legal options for describing the exceptional danger of the person committed the crime, reflecting in the sentence the punishment imposed for a combination of crimes and sentences, one of which is life impris¬onment.
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Philosophical and Legal Foundations of the Scientific Worldview of A. L. Blok Determinants of Legal Behaviour Criminal Procedure Code of Russia: Twenty Years Later (2001–2021) Transformation of Criminal Proceedings against Minors in Contemporary Russian Criminal Procedure: Towards the Twentieth Anniversary of the Adoption of the Criminal Procedure Code of the Russian Federation The Unity of the Material and Procedural Elements of a Legal Entity
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