For any illegal act, whether a crime or other offense, the offender shall be liable under the law.The penalty - a measure of state coercion, which primarily should help remedy this person.
Sentencing shall take into account the nature of the offense, the offender, its property, aggravating and mitigating circumstances.As a rule, within the prescribed penalties in the articles of the law governing this or that group of public relations.Application-to-face deserved punishment does not exempt it from compensation for damages and procedural costs.
actors who have committed offenses are governed by the Administrative Code.Administrative punishment described in chapter 4 of the second legal act.Unlike the Criminal liability for administrative offenses imposed not only on the physical but also legal entities.The most common form of punishment in administrative law - a fine.
Russian legislation, the existing legal relationships in a society based on the fundamental principles which are recognized by almost all countries and are enshrined in international instruments.
The following principles of sentencing:
- justice.The punishment should be imposed fairly, with the gravity of the offense, the identity of the perpetrator, the circumstances of the commission;
- humanism.It is inadmissible to cause physical suffering, should not be degrading.Moreover, in Russia the death penalty does not apply to men who are more than 65 years, persons who have committed a crime as a minor, as well as women of any age.The same category of persons shall be given life imprisonment;
- law.The penalty applies only for violations of the law.It is not allowed to prosecute for acts not provided for by law, and restrictions of rights shall not exceed the scope of the sanctions of articles;
- equality before the law.To be liable, any person, regardless of social status, gender, language, race, etc.on an equal footing.
Sentencing in criminal law under mitigating circumstances
the presence of the past, and absence of aggravating circumstances, the court may be punished for more than 2/3, and in the case of the existing pre-trial agreement - more than half of the maximum.These provisions may not apply if the sanction Article the death penalty or life.If you have a pre-trial agreement so strict liability shall be imposed, and punishment can not be more than 2/3 of the maximum.
Sentencing in the case of relapse
Court, other than the nature and degree of public danger of a new crime committed earlier and taken into account the circumstances under which corrective influence on the person was not sufficient.The penalty, regardless of the type of recurrence, should be at least 1/3 of the maximum, but not going beyond the lower limit of the sanction.In the presence of mitigating circumstances and possible lower term.
carried out separately for each of the offenses.The court determines the final punishment by partial or full addition or absorption of less severe punishment by more severe in the following cases:
- if committed minor offenses and average;
- person condemned for preparation of a crime;
- person is convicted of an attempted crime.
In such a situation the sentence should be no more than half the maximum for the most serious of crimes.