| Abstract [eng] |
The master's thesis analyzes the concept of the basis for mitigation of punishment, established in Article 54, Part 3 of the Criminal Code, presented in legal doctrine and jurisprudence, as well as examples of its application and problems, arising in judicial practice. The establishment of the basis for mitigation of punishment, based on the principle of justice, in the national criminal law is a direct result of the principle of natural justice which is established in the Constitution. Article 54, Part 3 of the Criminal Code applies in cases where the punishment limits provided for in the sanction of the special part of the Criminal Code are clearly unjust in the context of the factual and procedural circumstances of a specific criminal case. While examining the topic of the master's thesis, these legal institutes, related to the application of Article 54, Part 3 of the Criminal Code, were analyzed – the concept of the principle of justice and the category of exceptional circumstances. While analyzing the exceptional circumstances in the context of the application of Article 54, Part 3 of the Criminal Code, the criticism, expressed in the legal doctrine, is discussed, examples of court practice, which indicates the importance of the topic of the master's thesis for the interests of the convict, the victim and society, are studied, as well as the mitigation of punishment in unreasonably long criminal proceedings. After analyzing the cases of application of Article 54, Part 3 of the Criminal Code, two interrelated problematic aspects are observed – the inappropriate assessment of the dangerousness of the perpetrator's personality and unjustified mitigation of punishment in criminal cases related to the possession of narcotic or psychotropic substances. A systematic analysis of court practice and Criminal Code allows to draw conclusions about the origins of the emerging problems. |
