Humanism and economy of criminal repression measures as principles of implementation of the social function of the institute for exemption of minors from criminal punishment

The principle of justice is closely related to the proportionality of punishment and other measures of legal impact to the gravity of the committed act, nature and degree of its public danger, and nature and degree of danger of the responsible person. However, the principle of individualisation in exempting from criminal punishment can be considered through its ability to achieve the goals of punishment without its real execution. Though these provisions are related to the “economy of criminal repression”, their inclusion in the principle of economy may lead to its ungrounded expansion. However, both the principle of justice and the principle of individualisation are guidelines for the possible use of “economy”, since it is they that convince the court that they are valid in a case of exemption from criminal punishment. Summing up the analysis of the social conditionality of the institution of exemption of minors from criminal punishment, it should be noted that the system of its norms is conditioned by a number of social factors: - statistics on juvenile delinquency show significant differences with adult crime, as well as high prevalence of minor and moderate crimes among juveniles (42.6%), for which they can be released from punishment; - the system of exemption of minors from criminal punishment corresponds to the interests of stumbled minors, whose rehabilitation is possible without criminal punishment or without its complete execution; - the exemption of minors from serving their sentences meets the requirements of the principles of humanism and the economy of measures of criminal repression.

Keywords

Authors

References