Nitsenko, R.A. Mitigation and aggravation of sentence in Russian criminal law

Abstract: The article concerns the rules for assigning punishments for the crimes, which according to the law may be punished with death penalty or life sentence. The author analyzes the norms of the Criminal Code of the Russian Federation and the Criminal Procedural Code of the Russian Federation, paying attention to the issues of mitigation of punishment in case when deprivation of freedom (term in prison) is assigned. The author also analyzes the issues of historic development of norms on mitigation and aggravation of punishment. The methodological basis for the study is formed by the combination of principles and methods of scientific analysis. The article uses dialectic and private law methods. The article includes an attempt of scientific analysis of the issues regarding obligatory mitigation of punishments under the provisions of p. 2-5 of Art. 62 of the Criminal Code of the Russian Federation. The author defines the contents of the norms on obligatory mitigation and aggravation of punishment. In the process of study the author singles out the difficulties in understanding of the norms on obligatory mitigation and aggravation of sentence due to lack of clarity in their legislative formulae. The author also attempted to form propositions on the current situation and perspectives for the development of the rules for obligatory mitigation and aggravation of sentence taking into account the latest legislative amendments.

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