The principle of fairness of punishment

Kostyantyn Marysyuk
2020 Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav  
The principle of fairness of punishment is one of the most important starting points enshrined in the criminal law, which requires ensuring the purpose of punishment by taking into account by the court all the circumstances relating to the criminal offense and the perpetrator. The implementation of the principle of justice in punishment must be manifested in the conformity of crime and punishment. Criminal law should reflect such compliance. In this case, the criminal law will be fair – and it
more » ... epends on lawmaking, and the implementation of the principle of justice for the purpose of punishment depends on law enforcement. Failure to comply with the principle of justice in lawmaking en-tails its violation in the application of criminal law. However, the existence of a fair criminal law does not mean that the principle of fair sentencing will not be violated in the process of its application. This principle is most often violated in the law enforcement activities of state bodies and their officials.
doi:10.31733/2078-3566-2020-5-176-182 fatcat:xnzo6glqgnf5til7ip2shtdjuu