| Abstract [eng] |
The important topic of criminal law is examined in the mater thesis – the problems of application of criminal punishment purpose. This thesis encapsulates the analysis of appropriate purposes of criminal punishment and would ensure the effective prevention of crime. Punishment is compulsory measures applied to the person who executed a crime or misdemeanor those are appointed by the country’s court by applying conviction and thus circumscribing liberty of a convict. Punishment purpose is an ultimate result that the country pursues by assigning and applying penalties. Punishment purpose depends not only on singleness of the criminal policy and dominant punishment theories but also on the state and dynamics of the criminality in the country. Consolidation of punishment purpose in the criminal law determines content of separate penalties, enables to frame penalty system corresponding to mentioned factors, determines objectives for separate sorts of penalties, creates legal constitutive conditions of applying penalties and measures effectiveness of penalties. Punishment purpose structures the consequent and solid system that ensures that all purposes are implemented. A new Criminal code article 41 points out such purposes of a penalty: 1) to prevent persons from committing criminal acts; 2) to punish persons that have committed criminal acts; 3) to deprive a convict of an opportunity to commit new criminal acts or to limit the opportunity; 4) to influence persons that have carried out their penalties to obey laws and not to commit crimes again; 5) to ensure a realization of a principle of justice. It can be stated that courts confront with difficulties while applying penalties by using justice principle, applying penalties for several criminal actions and in cases when penalty is applied for new criminal act while existing penalty for previous crime is not in the past. There is different practice while applying penalties while taking into consideration purpose and reason of criminal acts when these are composition of evidences of criminal act. The practice of interpreting the Criminal code by courts is different when there are consolidated palliative and aggravating circumstances. While passing sentences courts do not pay enough attention to individualization of penalties determining and assessing of upbringing, living conditions, social maturity and state of health of juveniles. Not enough attention is being paid to individualizing of penalties depending on guiltiness and evaluating form and sort of contribution of accomplice when crime was executed. |
