SENTENCING ON THE BASIS OF PART 1 OF ARTICLE 70 AND PART 4 OF ARTICLE 70 OF THE CRIMINAL CODE OF UKRAINE, IF THERE ARE “SEPARATE EPISODES OF CRIMINAL ACTIVITY” IN PERSON’S ACTIONS

Author (s): Denysov S., Denysova T., Bilokoniev V.

Work place:

Denysov S.,

Doctor of Sciences (Law), Professor,

Head of the Department of Criminal, Criminal and Executive Law and Criminology

Academy of State Penitentiary Service, Chernihiv, Ukraine

Denysova T.,

Doctor of Sciences (Law), Professor,

Honored Lawyer of Ukraine

Assistant of the President for Science and Methodology,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

Bilokonev V.,

Judge of Zaporizhzhia Appeal Court

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2019 No 1(6): 70-86

https://doi.org/10.32755/sjlaw.2019.01.070

Summary

The article deals with important for the theory of criminal law and law enforcement practice issues about the individual features of sentencing, if there are “separate episodes of criminal activity” that are a part of complex single crime, or are separate compositions of identical crimes and are a part of a repetition as a form of plurality of crimes. Attention is drawn to the “individual episodes”, as well as the specialized term “criminal activity” used in criminal law.

It is noted that today there is a demand for determining the specific features of terminological formulations used in sentencing.

It should by taken into account that the concept of “criminal activity” is used in both broad and narrow sense in the theory of criminal law and in judicial practice as well. The terminological definition “a separate episode of criminal activity” can be used to designate both a separate act that does not contain signs of an independent corpus delicti, since it is included as a part of a complex single crime (in a broad sense), and a separate act that has signs of an independent crime (simple or complex, completed or uncompleted, committed alone or in complicity) and enters into one or another form of crimes plurality (in a narrow sense).

It is stated that in court practice there should be a clear rule (tendency): the more the guilty person commits identical crimes, the stricter both the final punishment and the punishment for each independent crime that is a repetition of identical crimes must be assigned to him, compared with the persons who committed one crime or fewer identical crimes.

Key words: punishment, sentencing, crime, separate episodes of criminal activity.

REFERENCES

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