Imposition of Punishment Taking into Account the Identity of the Guilty Person
The article deals with imposition of punishment taking into account the identity of a guilty person. Consideration of the identity of a guilty person during imposition of punishment is one of the main conditions for execution of the principle of individualization of punishment and a guarantee for imposition of a fair punishment. During imposition of punishment the court should always take into account the features of the person who committed a crime because they can have a big and sometimes a decisive influence on the type and measure of the imposed punishment. Without considering individual features the imposition of punishment would turn into mechanical task. That is why the legislator provides alternative types of punishment and establishes their limits that the court could choose the type and measure of punishment which would ensure the achievement of its goal which is the retaliation, correction of convicted person as well as prevention of new crimes both by the convicted and other persons. It has been proved that during imposition of punishment it is necessary to comply with the following rules: i) consideration of the identity of the guilty person is an independent principle for imposition of punishment and should be carried out within every criminal proceeding; ii) it is necessary to take into account the features which characterize the identity of the guilty person from various sides (physical features like sex, age, health condition taking into account physical defects, disabilities, pregnancy of a woman at the moment of commission of the crime), physical features (mental disorders except for cases for recognition a person as a disabled one, character, temper, social orientation of the person), social features (profession, position, marriage status, existence of dependent of minors or elderly people, belonging to the relevant social group, attitude to labor or education, behavior at work, in daily life, manner of life, existence of state awards, honored degrees, compliance with the rules of public ...