关于正义原则在刑事处罚原则体系中的作用问题

M. Leonovych
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引用次数: 0

摘要

在现代社会中,有关在刑罚制度中理解和适用公正原则的问题受到普遍关注。本文探讨了现代刑法中的正义原则在刑罚裁量过程中的本质和作用及其与现代正义标准的一致性。通过分析和研究在刑法背景下理解该原则的方法,本研究旨在揭示正义原则对刑罚实施过程的影响以及该原则在确保法律面前人人平等方面的作用。在本文中,作者强调刑罚的实施应合理、正当,不允许残忍,并且只应在刑事犯罪的情况下实施,并考虑到案件的所有情节。确保量刑的效率和合法性是刑事诉讼中司法活动的一个关键方面,需要遵守相关的刑法原则。作者在文章中指出,公正原则体现在法律面前人人平等、刑事犯罪与刑罚相对应以及所施加的刑罚与所犯罪行相称。文章强调了惩罚的适当性和司法实践中公正方法的重要性。文章强调有必要对司法实践进行系统分析,并不断更新立法,以确保量刑公正。作者得出的结论是,公正量刑是法治的重要组成部分,是对司法系统信任的保证。作者强调,公正原则对于确定刑法中惩罚的公正性和适当性具有决定性的重要意义。
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On the question of the role of the principle of justice in the system of principles of criminal punishment
In modern society, problems related to the understanding and application of the principle of justice in the system of imposing punishments are of general interest. This article examines the essence and role of the principle of justice in modern criminal law in the process of determining punishments and its compliance with modern standards of justice. By analyzing and examining approaches to understanding this principle in the context of criminal law, the study aims to reveal the influence of the principle of justice on the process of imposing punishments and the role of this principle in ensuring equality before the law. In this article, the author emphasizes that the imposition of punishment should be reasonable, justified and should not allow cruelty, and should take place only in cases of criminal offenses and taking into account all the circumstances of the case. Ensuring efficiency and legality in sentencing is a key aspect of judicial activity in criminal proceedings, which requires compliance with relevant principles of criminal law. In the article, the author claims that the principle of justice is manifested in equality before the law, the correspondence of the criminal offense and punishment, as well as in the proportionality of the imposed punishments and the committed crimes. The article emphasizes the importance of the adequacy of punishments and an impartial approach in judicial practice. The need for a systematic analysis of judicial practice and constant updating of legislation to ensure fair sentencing is emphasized. The author comes to the conclusion that fair sentencing is an important component of the rule of law and guarantees trust in the judicial system. It is emphasized that the principle of justice is of decisive importance in determining the justice and adequacy of punishments in criminal law.
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